16 July 2013
The Supreme Court of India has held that enforcement of foreign award would be refused under Section 48(2)(b) of the Arbitration and Conciliation Act, 1996 only if such enforcement would be contrary to (i) fundamental policy of Indian law; or (2) the interests of India; or (3) justice or morality; and the enforcing court does not exercise appellate jurisdiction at the time of enf...
By Barnik Ghosh
The Arbitration and Conciliation Act of 1996 (‘the 1996 Act’) was an improvement on the Arbitration Act 1940 but did not manage to put an end to the long & dreary litigation tunnels for the disputing parties with a little help from the highest court of our land. I...
By Anup Koushik Karavadi
In order to facilitate the ease of doing business, the Government of India (‘Government’), intends to overhaul the regulations governing business by abolishing many outdated laws and making extensive changes to the existing ones to allow companies to concentrate on their business and profits. The Government has ...
By Ronak Ajmera
The business rationale for a joint venture (JV) ranges from pure play financing of business operations to longer strategic partnerships for sharing of technical/business knowhow. To a large extent, the issues which need to be resolved between potential JV partners depend on the deal commercials and nature of the proposed ...
By Barnik Ghosh
Share Purchase Agreements (SPA) come in different colors and shapes - long, short, detailed, complicated, conditional, two or multi-party. One common thread is the need to make SPAs balanced and most importantly, enforceable. While keeping in mind the fundamentals of the transaction, a lawyer needs to prioritise the business aspects while ensuring that the legal points are no...
By Shikha S. Jaipuriar
The general law of contract recognizes promises made for consideration as legally enforceable agreements. However, it frowns upon certain promises and prohibits their enforcement, including those that are in restraint of legal proceedings.
Section 28 of the Indian Contract Act, 1872 contains one of the seven governing principles to determine when an agr...
The specialist practitioners in Lakshmikumaran & Sridharan provide legal opinions on issues affecting businesses. These legal opinions form valuable inputs for basing business decisions on the interpretation of the law, assessing the risk exposure for past and present transactions, provisioning for legal disputes and for general legal and accounting purposes. The advisory serv...
8th Global Intellectual Property Convention will be organized from 7-9 January 2016 in New Delhi. Lakshmikumaran & Sridharan is privileged to be associated with this conference as gold sponsor.
GIPC - 2016 will focus on – ‘Innovation & Technology as Key Drivers’. Mr. V. Lakshmikumaran, Managing Partner, Lakshmikumaran & Sridharan will be the di...
AIPPI will be organising World Intellectual Property Congress from 14to 17 September 2014 in Toronto, Canada.
This Conference of the International Association for the Protection of Intellectual Property (AIPPI) will focus on all types of intellectual property rights including patents, trademarks and copyrights.
The workshop sessions in this conference will witness discussion on the followin...
International Trademark Association (INTA) will be organising its 136th Annual Meeting from 10 to 14 May 2014, in Hong Kong.
On 11th May, 2014 sessions will be held on following topics:
Competition Law and Intellectual Property: The Abuse of Rights
Consumer Perception of the Enforcement of Non-Traditional Trademarks
Domain Name Litigation and Arbitration in a World of 1,000+ New gTLDs
International Chamber of Commerce (ICC) will be organising conference on ‘Dispute Resolution in International Business – the role of institutional arbitration’ in Mumbai and Bangalore on 12 and 13 February 2015 respectively.
The conference will discuss various issues including:
Arbitration of technology-related disputes
Institutional Arbitration under ICC Rules
Pros and Cons of using inst...
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