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Corporate Amicus: April 2014

The agenda for sports law reform in the year 2014 has been laid down by the author in his article in this month’s issue of Corporate Amicus. Among other issues, the author is of the view that an area of sports law where reforms are badly needed is anti-doping programme implementation. Under ‘Notifications & Circulars’, this issue provides the update that from 1st April, provisions contained in 183 sections of the new Companies Act, 2013 have come into force. Amendments to Combination Regulations under the Competition Act including those relating to revision of fees, are also covered. This issue provides list of 20 rules which have been notified under the new Companies Act, 2013.

Under Ratio decidendi column, we discuss Supreme Court of India’s order wherein it has held that in the absence of an arbitration clause (or intention for same) in an agreement, as defined in sub-section (4) of Section 7 of the Arbitration and Conciliation Act, 1996, the dispute between the parties cannot be referred to the arbitral tribunal for adjudication. Order of Competition Appellate Tribunal (COMPAT) overruling the majority order of Competition Commission of India (CCI) is also covered in this issue. The COMPAT has held that price and conditions can be said to be discriminatory only if they are different for same quantities of the same product.

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