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Published Articles

Legacy > Published Articles (Page 3)

Securing A Claim For Bonus In Arbitration: A Contractor’s Guide

To read the article on Mondaq, click here. The Clause for Early Completion Bonus ('Bonus') is provided in works contracts with the intention to reduce the time taken for completion that would normally be required. This is done by incentivising the contractor with a right to claim a certain percentage of the contract price as a bonus in case the actual completion date precedes the scheduled completion date. The contract may provide for such Bonus on early completion of a milestone, substantial work, or the complete project itself before the scheduled completion date. The advantage of inserting such a provision in a...

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Securities And Exchange Board Of India (SEBI) Tightens Insider Trading Regulations By Broadening The Definition Of ‘Connected Persons’ And Introducing The Definition Of ‘Relatives’.

To read the article on Mondaq, click here. After SEBI's quarterly board meeting, held on September 30, 2024, the regulator has, strengthened its anti-insider trading rules i.e. the SEBI (Prohibition of Insider Trading) Regulations, 20151 (the "PIT Regulations"), by broadening the definitions of 'connected persons' and 'immediate relatives'. The PIT Regulations, which came into effect in May, 2015, were designed to level the playing field for all investors by preventing insider trading activities. However, lately, there has been growing cases of individuals & entities exploiting their access to UPSI to gain an unfair advantage in the securities market. Presently, under the PIT Regulations,...

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The story of the Tower of Babel inspires the present-day infrastructure industry in many ways

To read the article on Mondaq, click here. The story of the Tower of Babel inspires the present-day infrastructure industry in many ways. Where the biblical literature specifies that in order to deter the people from constructing a tower to heaven, God apparently caused confusion with respect to the languages of all the workers, thus rendering it impossible for them to understand one another, the ancient literature on the Tower of Babel offers an example into the modern-day project management failures on various levels. For Kenya, however, the construction of the Bunge Tower reprised the incident of the Tower of Babel, where...

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A Collision Of Marks: Decoding Trademark Disputes In The Indigo-Mahindra Saga

To read the article on Mondaq, click here. In the realm of commerce and industry, a trademark serves as much more than a mere identifier of goods or services; it is a symbol of the reputation, trust, and goodwill accrued by its proprietor. The significance of trademarks in maintaining a distinct identity within the marketplace has led to the establishment of stringent legal frameworks to safeguard these intellectual property rights. The dispute between InterGlobe Aviation Limited (operating under the brand name "Indigo") and Mahindra Electric Automobile Limited (a subsidiary of Mahindra & Mahindra) over the use of the alphanumeric identifier "6E"...

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Stamp Duty And Corporate Restructuring Regime In India: A Glimpse

To read the article on Mondaq, click here. Stamp Duty Legislation and its Significance in State Revenue With an outgrowth in mergers and amalgamations happening across the Indian market, the State Government has been exercising its power to levy specific stamp duties on these transactions under the Indian Stamp Act, 1899. The Hon'ble Supreme Court of India has classified mergers, demergers, amalgamations, and other corporate transactions within the category of 'conveyance', defined under Section 2(10) of the Indian Stamp Act, 1899 and has provided that State Government may prescribe/levy specific stamp duty rates in different States based on market value of the...

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A Glimpse of the Draft Digital Personal Data Protection Rules in India

Disclaimer - This article was first published in Construction Law International on 12 February, 2025 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. Introduction On 3 January 2025, the Ministry of Electronics and Information Technology, as part of the Government of India, published the draft Digital Personal Data Protection Rules, 2025 (the ‘Draft DPDP Rules’), inviting comments and suggestions from the public until 18 February 2025. The Draft DPDP Rules are intended to supplement the Digital Personal Data Protection Act, 2023 (the ‘DPDP Act’), which was...

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Dawn Of The SEBI – Certified ESG Rating Firms: Bridging The Gap Between Governance And Sustainable Investment

To read the article on Mondaq, click here. Introduction As the global financial markets undergo a seismic shift towards sustainable investments and finance, Environmental, Social, and Governance (ESG) considerations have evolved from a peripheral concern to a defining pillar in corporate strategy built on sustainable and responsible business practices. Today, ESG is no longer a choice or a mere checkbox for the sake of compliance- it is turning into an indispensable element of businesses of the modern day, serving as an indicator of systemic risk mitigation and long-term financial resilience, shaping investment decisions and corporate governance. However, despite the increase in ESG-driven...

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Targeted Advertisements And Digital Personal Data Protection

To read the article on Mondaq, click here. A portion of the childhood memories of a substantial number of people of India is filled with beguiling jingles, which used to run on televisions, during the advertisement breaks between shows and cricket matches. In some cases, these tiny songs or parodies, being the primary method to promote goods and services at the time, became the identity of many brands, and became so closely associated with such brands so as to be continually used alongside their names. As time progressed, advancements in technology took place and the means to promote goods and services changed...

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Litigation Financing Third-Party Funding: A New Way To Ensure Justice

To read the article on Mondaq, click here. In the recent case of Tomorrow Sales Agency Pvt Ltd vs. SBS Holdings, Inc. & Ors.1, the Hon'ble High Court of Delhi, while dealing with the issue of holding a third party liable under an arbitration agreement, appreciated the vital role played by third-party funders in ensuring access to justice. It was observed that the absence of third-party funding would restrain impecunious parties from pursuing claims for amounts which may legitimately be due. In making such observations, the Hon'ble Court re-invoked an essential topic in relation to the importance of third-party funding or litigation financing...

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Satluj Jal Vidyut Nigam vs. Jaiprakash Hyundai Consortium & Ors. – Case Analysis

To read the article on Mondaq, click here. In the recent case of Satluj Jal Vidyut Nigam, the Hon'ble High Court of Delhi held that an arbitrator cannot decide a case on the basis of a mathematical calculation which is not supported by evidence. The judgment in this case invoked the ever-growing debate on the importance of adaptation of a reasonable duty of care by the arbitrators in deciding a matter, especially one pertaining to a construction dispute, where stakes are undoubtedly very high. The role of an Arbitrator has been set in law as that of aiding the parties in reaching...

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