Author Archive:
Shilpa Shah
Navigating the Digital Personal Data Protection Act, 2023: Essential Compliances for Businesses
Read more: Navigating the Digital Personal Data Protection Act, 2023: Essential Compliances for BusinessesAuthored by: Abhinav Jain, Principal Associate Introduction The Digital Personal Data Protection Act, 2023[1] (“Act”) which came into effect on 11 August 2023, signifies a significant milestone in safeguarding individuals’ privacy and regulating how businesses handle personal data. To ensure compliance and uphold customer trust, companies must familiarize themselves with the Act’s provisions and implement…
Petition for appointment of arbitrator – important points
Read more: Petition for appointment of arbitrator – important pointsAuthored by: Vikas Goel, Senior Partner A Single Judge Bench of the Hon’ble Delhi High Court in a recent judgment has issued important directions with respect to petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“the Act”) on the basis of unstamped arbitration agreement or arbitration clauses incorporated in an unstamped…
Blacklisting of Contractors by the Government and Public Sector Undertakings
Read more: Blacklisting of Contractors by the Government and Public Sector UndertakingsA contractual relationship necessarily implies consensus of two minds, and a private citizen is free to contract, with any person of his choice. This right by definition is inherent in every person capable of entering into a contract and where a person has the right to make a contract, he also has a concomitant right…
Significant Social Media Intermediaries (SSMIs)
Read more: Significant Social Media Intermediaries (SSMIs)Some of us underestimate the potential and power that social media has, which automatically means that it has its own set of pros and cons. The undeniable fact is that there needs to be some standard of control placed on such platforms to prevent miscreants from converting the positive feature of freedom and autonomy offered…
The Information Technology Act, 2000 : Revolutionalising the Cyberspace and Regulating the Web
Read more: The Information Technology Act, 2000 : Revolutionalising the Cyberspace and Regulating the WebCelebrating almost 27 years of internet services in India[1] might prompt a question in the minds of some – Is the internet a safe space? Is it regulated enough to ensure that the data we feed in, is used in the way that we want, or is there something in the shadows beyond our control?…
Impact Of Seat In Arbitrations – Domestic As Well As International
Read more: Impact Of Seat In Arbitrations – Domestic As Well As InternationalINTRODUCTION In arbitration law, seat of arbitration is of paramount importance. The arbitral seat is the legal or juridical home of the arbitration and therefore, the choice of seat results in a number of significant legal consequences. In the Arbitration and Conciliation Act, 1996 (“the Act”) ‘seat’ is neither defined nor used, instead the expression…
Ease Of Doing Business – Discontinuation Of Reports/Returns Under Fema, 1999
Read more: Ease Of Doing Business – Discontinuation Of Reports/Returns Under Fema, 1999The Reserve Bank of India (“RBI”) in its circular[1] dated November 13, 2020, notified, that subsequent to the reviewal of the existing forms and reports prescribed under the Foreign Exchange Management Act, 1999 (“FEMA”), it has decided for the discontinuation of 17 (seventeen) reports and returns that were earlier mandated to be filed by the…
Limitation Period For Enforcement Of Foreign Award
Read more: Limitation Period For Enforcement Of Foreign AwardAbout 5 months ago, when a two judges’ bench of Hon’ble Supreme Court of India (“SC”) decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. The apex…
Arbitration Law In India For Foreign Seated Arbitrations
Read more: Arbitration Law In India For Foreign Seated ArbitrationsLAW ON INTERIM RELIEF PRE-BALCO AND POST-BALCO It was in Bhatia International Vs. Bulk Trading S.A.[1] judgment that the Indian Supreme Court laid down the principle that courts in India would have a right to provide interim relief in foreign seated arbitrations also unless otherwise agreed in writing by the parties. Therefore, earlier the Indian…