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Corporate Amicus: February 2012

Definition of pre-packed commodity has been at the centre of dispute since long and there is no clarity even after introduction of Legal Metrology Act, 2009. Article in this issue of Corporate Amicus holds that intention of the legislature is not to include every packed commodity under the said definition. Procedures for External Commercial Borrowings (ECB) have been relaxed while delegating powers to AD-1 category banks to approve requests for reduction for loan amounts. These banks have been further empowered to allow exporters to receive advance payments for export of goods which take more than one year to manufacture and export after payment. Securities and Exchange Board of India (Portfolio Managers) Regulations have been amended to raise the lower monetary limit for acceptance of funds and securities. Delhi High Court has held that delay in pronouncement of award by the arbitrator cannot be a ground to set aside the award itself. Competition Commission of India has held that mere instance of price parallelism is not an evidence of existence of cartel. News in this issue includes a recent order of United Nations Commission on International Trade Law (UNCITRAL) ordering India to compensate in an arbitration dispute under Bilateral Trade Investment (BIT) Agreement.

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