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LEGAL CROSSROADS – THE DABUS PARADOX IN PATENT LAW

Theyjusvini S - Associate, Dispute Resolution Practice The AI revolution is proving to be a game-changer in every field and the legal landscape is no exception. The question behind patentability of AI inventions was first triggered by two patent claims filed by Dr. Stephen Thaler, a computer scientist. The Artificial Intelligence system called Device for Autonomous Bootstrapping of Unified Sentience, also called DABUS designed by Thaler, is the other key player in the series of debates and decisions that followed. SOME DEFINITIONS UNDER THE INDIAN PATENTS ACT, 1970: A patent is a legal right given to a person, recognising that person as the...

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PPIRP PROBED: EXAMINING PROGRESS AND CHALLENGES IN MSME INSOLVENCY

Ms. Chinna Aswathy Abraham (Senior Associate- Dispute Resolution Practice) Ms. Pooja Shree A (Student Intern – Dispute Resolution Practice) Introduction This author has previously explored the intricacies of the Pre-Packaged Insolvency Resolution Process (“PPIRP”) during its nascent stages in an article titled "Pre-Packaged Insolvency Resolution Process – The Journey Thus Far", published on this blog in January 2022. Over two years have lapsed since, and it is imperative to pause and assess the trajectory of these proceedings. This assessment aims to contribute to the ongoing discourse surrounding insolvency frameworks for MSMEs in India, providing a nuanced perspective that considers both the initial expectations...

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A LEGAL ANALYSIS ON WHETHER SALE THROUGH POWER OF ATTORNEY WOULD AMOUNT TO CONVEYANCE

Yogamurugan Chockalingam - Associate, Dispute Resolution Practice Prior to the amendment[1] of Section 17 of the Registration Act, 1908[2] that requires compulsory registration of power of attorneys pertaining to immovable property in Tamil Nadu, an interest in one’s immovable property would be transferred to another, through the execution of a combination of instruments including that of a general power of attorney and an agreement of sale for a certain specific consideration as agreed upon by the parties. A general power of attorney when executed for a certain consideration, creates an agency coupled with interest under the Indian Contracts Act, 1872. Such an agency...

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THE INTERSECTION BETWEEN THE CAPETOWN CONVENTION AND IBC, 2016: AN OXYGEN MASK FOR THE INDIAN AVIATION INDUSTRY

Chinna Aswathy Abraham - Senior Associate, Dispute Resolution Practice Mayday? More like, May-Decade! Starting with the grounding of the Kingfisher Airlines in 2012, followed by the downfall of Jet Airways in 2019, all the way to the latest insolvency of Go First- it is safe to say that it has been a bumpy ride for the Indian Aviation Industry. With the initiation of the Corporate Insolvency Resolution Process (‘CIRP’) against Go First- India and more particularly the Indian insolvency law framework was brought under global scrutiny. As per Section.14 (1)(d) of the Insolvency & Bankruptcy Code, 2016 (‘IBC’), once a Corporate Debtor...

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Regulating the Digital Sphere: India’s Approach to Ex Ante Measures and Competition Law

Madhumitha Sridharan - Associate - Real Estate, Infrastructure & Corporate Practice The digital economy in India has witnessed exponential growth in recent years, thanks to the widespread adoption of smartphones and increased internet connectivity. However, with growth comes challenges, including concerns related to monopolistic practices, data privacy violations, and a lack of transparency. These issues have sparked debates about the necessity of robust regulation to ensure a fair and competitive digital marketplace. This substantial growth in the digital economy was largely attributed to a select group of major technology firms, also often categorised and referred to as the “Big Tech” companies. However,...

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A Birds-Eye View on the Guidelines for Prevention and Regulation of Dark Patterns, 2023

Srivatsan S, Associate - Dispute Resolution Practice E-commerce and Online Shopping pioneered in India as early as in the year 1995. With the advent of the Internet Revolution in the country, auctioning websites such as bazee.com and online only booksellers like amazon.com became popular avenues to indulge in E-commerce. The industry has come a long way since then. The volume, frequency and dependency on such online platforms have increased multifold, consequently, the necessity to protect consumers online has also become inevitable. The Consumer Protection Act was originally enacted in 1986 and the same was a revolutionary move by the legislature to protect...

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Bharatiya Sakshya Bill, 2023 Modernizing Evidence Admissibility in Indian Legal Proceedings

Vijay M, Associate, Dispute Resolution Practice Introduction: The Bharatiya Sakshya Bill, 2023[1], recently introduced in the Parliament, aims to revolutionize the way evidence is admitted in Indian legal proceedings. This ambitious legislation seeks to replace the long-standing Indian Evidence Act, 1872[2], along with two other bills aimed at reforming the Indian Penal Code, 1860[3], and the Code of Criminal Procedure, 1973[4]. This article delves into the significant changes proposed by the Bill and provides a critical analysis of its potential impact on the Indian legal system. One of the most noteworthy aspects of the Bharatiya Sakshya Bill is its approach towards consolidation and...

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Navigating the Legal Conundrum of Google AdWords and Trademarks in India

Navigating the Legal Conundrum of Google AdWords and Trademarks

Aiswarya YK, Associate, Dispute Resolution Practice Divishyaa T, Intern, Dispute Resolution Practice Introduction: In the digital age, online advertising has become a ubiquitous and essential tool for businesses to reach their target audience. Google AdWords, a prominent platform in the online advertising landscape, allows businesses to bid on keywords to display their ads prominently in search results. While AdWords offers significant benefits, it has also sparked legal debates, particularly in the context of trademark infringement. This article explores the legal complexities surrounding Google AdWords and trademarks in India. Understanding Google AdWords: Google AdWords is an advertising service offered by Google, allowing businesses to create and...

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CASE COMMENT- ARN infrastructure India Limited vs Hara Prasad Ghosh: CIVIL APPEAL Diary No(s). 31182/2023

T.G Niranjana - Associate, Dispute Resolution Practice Brief facts: A complaint under original jurisdiction was filed before the NCDRC seeking return of deposit from the Opposite Parties. In the said case, the Opposite Parties did not file their Written Version within the statutory timeline prescribed. While so, at the time of hearing final arguments, the Opposite Parties entered appearance through an advocate and sought an adjournment to make final arguments in the case. The NCDRC rejected the said request on the ground that the Written Version was not filed within the statutory period. The NCDRC allowed the complaint by hearing only the Complainant...

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REPEALING OF THE SEDITION LAW – DECODED

Repealing of the Sedition Law – Decoded

Ranjith Kumar - Associate, Dispute Resolution Practice In a rather brave attempt to reorganize and decolonise the criminal justice system of India, Union Home Minister Amit Shah had proposed the introduction of the three new criminal bills, that would go on to replace the existing criminal majors in India, during the monsoon session of the Parliament. In this proposal, he listed out the new bills that would supposedly reinvent India’s justice system and they are; the Bharatiya Nyaya Sanhita (replacing the Indian Penal Code, 1860), the Bharatiya Nagarik Suraksha Sanhita (replacing the Code of Criminal Procedure, 1973), and the Bharatiya Sakshya...

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CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

CINEMATOGRAPH (AMENDMENT) ACT, 2013 – SAY NO TO PIRACY

Arvind Ramesh, Associate - Real Estate, Infrastructure, Corporate Practice In India - Cinema, its exhibition and certification are governed by the Cinematograph Act, 1952 (“Act”) and the rules laid down under the Act. Recently, the Union Government had brought into force an amendment to the Act, harmonising the Act with existing laws and introduced new provisions for combating piracy. The amendment titled “the Cinematograph (Amendment) Act, 2023” (“Amendment Act”) received the President’s assent on the 04th of August 2023 and was published in the Gazette on the event date. New Changes: 1. New Movie Certifications: Prior to the amendment, Films, or movies in common parlance,...

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REGISTRATION UNDER THE TAMILNADU REGULATIONS OF RIGHTS & RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT, 2017

Arivan V P, Associate, Dispute Resolution Practice INTRODUCTION The Tamil Nadu Regulation of Rights & Responsibilities of Landlords and Tenants Act, 2017, (hereinafter “The Act”), on the lines of the Model Tenancy Act framed by the Government of India, notified in the in the Gazette on 22.02.2019 has been enacted with the intent to ensure regulation of rights of both the Landlords and Tenants equitably and to create a dispute resolution mechanism that is speedy and hassle free. Under the Act, the landlord and tenant are bound strictly as per the terms and conditions of the Tenancy Agreement executed by them. The...

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COMPLIANCE VS CHAOS: RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT LEAD TO UNEXPECTED COMPLIANCE WOES

RECENT AMENDMENTS IN THE PREVENTION OF MONEY LAUNDERING ACT

K. Anupriya Consultant - Corporate Compliance The integrity of the global financial system and societal well-being are recently being seriously threatened by the acts of money laundering, financing of terrorism, and the spread of weapons of mass destruction.  The Financial Action Task Force (FATF), founded in 1989, plays a significant role in establishing global standards and implementing practical solutions to stop these illegal acts.  The Prevention of Money Laundering Act (PMLA), which India passed in 2002 in accordance with the FATF's recommendations, is a key piece of legislation that guides the nation's efforts to combat money laundering and other associated financial crimes. ...

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Decoding Digital India Act: A critical analysis of India’s proposed legislative framework for the digital era

Decoding Digital India Act

Aiswarya YK, Associate, Dispute Resolution practice Introduction: The digital landscape is rapidly evolving, necessitating the establishment of comprehensive legal frameworks to safeguard the rights and interests of individuals and entities. The proposed Digital India Act  aims to address the emerging challenges of the digital age, providing a regulatory framework for various aspects of cyberspace. In this article, we will critically analyse the proposed act, examining its inclusions, exclusions, regulations, and the potential impact it may have on the market and intermediaries. On March 9, 2023, representatives from the legal and technology industries, among others, were invited to a consultation hosted by the Ministry of...

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SEVERING THE OLD FROM THE NEW: INDIA’S TRYST WITH SEVERABILITY AND CHALLENGES TO ENFORCEMENT OF ARBITRAL AWARDS

SEVERING THE OLD FROM THE NEW - INDIA’S TRYST WITH SEVERABILITY

Ayushman Somani Student Intern, Dispute Resolution Practice Introduction Of the many principles that have been used to enforce arbitration awards in a more equitable manner in the last decade, few have proven to be as practical and effective as the ‘Doctrine of Severability’. This principal provides a middle-ground to an enforcing court by allowing it to only enforce that part of the award deemed to be free of certain encumbrances, thereby maintaining the sanctity of arbitration while ensuring an equitable award is enforced. Proposed originally as the ‘Doctrine of Blue Pencil’, the Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd. (1) case decided...

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Issues with Repeat Appointments of Statutory Arbitrators

Issues with Repeat Appointments of Statutory Arbitrators

Arunima Das A. Introduction: Repeat appointments of arbitrators refer to the appointment of an arbitrator for multiple arbitration proceedings. It ordinarily involves the same arbitrator being repeatedly chosen by a single  party or counsel for various cases. In the context of statutory arbitrations, arbitrators are appointed by statutory bodies, rather than by the parties themselves. Consequently, when a sole arbitrator is appointed by a statutory body, for cases with the same subject matter and involving a common party, it can also be considered a form of repeat appointment within statutory arbitrations. Although this definition may be subject to debate, this article assumes...

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Legal remedies in case of fraudulent credit card transactions

Legal remedies in case of fraudulent credit card transactions

Niranjana T G, Associate, Dispute Prevention & Resolution Practice As the popular saying by Eckhart Tolle goes, ‘Awareness is the greatest agent of change’, it is vital in today’s technology-driven world to know about various kinds of cybercrimes that we could possibly be exposed to and the legal remedies available for the same. In this article, the author intends to discuss about one particular kind of cybercrime - credit card fraud and the legal solutions. Fraudulent credit card transactions may happen due to multiple reasons notably due to hacking, phishing[1] or the card being stolen. In such cases, a third party fraud...

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The FIFA IP Law : Qatar’s Ticket To A Booming Economy

FIFA IP Law

Chinna Aswathy Abraham, Associate, Dispute Prevention and Resolution Practice S. Nagarjun, Student Intern Introduction: Organizing and staging a global sporting event is no small feat. The strategic use of trademarks and other commercial rights helps generate the revenue streams required to fund such events (1).With the increasing commercialisation of sports, large corporations and brands are keen on enhancing the fan experience by making sporting events accessible to every household, be it in the form of live broadcasting of these events or by way of sports merchandising. The Federation Internationale De Football Association (FIFA) World Cup is the world's largest single-sport event and the World...

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LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?

Sara Suresh Associate, Surana & Surana International Attorneys On September 21, 2022, the Department of Telecommunication under the Ministry of Communication released the Draft Indian Telecommunication Bill, 2022 along with an explanatory note into the public domain for the people and the stakeholders to accord their comments. The Bill intends to consolidate the existing legal framework of telecom industry in order to make them future-ready to keep up with the innovations and technological advancements in the sector. Primarily, the Bill seeks to repeal the three existing laws – the age old British era Indian Telegraph Act, 1885; Indian Wireless Telegraph Act, 1933 and...

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THE SCOPE OF GEO-TAGGING OF IMMOVABLE ASSETS IN THE CORPORATE INSOLVENCY RESOLUTION PROCESS

THE SCOPE OF GEO-TAGGING OF IMMOVABLE ASSETS IN THE CORPORATE INSOLVENCY RESOLUTION PROCESS

Chinna Aswathy Abraham Associate, Dispute Prevention & Resolution “Geo-tagging refers to the process of adding geographical identification like latitude and longitude to an asset. The information included in a geo-tag may include place co-ordinates, bearings, altitude, distances, or even place names.”(1) This helps users access location specific information about an asset at the click of a few buttons, without having to physically travel to the said location. The Indian government has been using geo-tags to monitor assets in several of its national rural development programmes- such as the Mahatma Gandhi National Rural Employment Guarantee Act (‘MGNREGA’), the Integrated Watershed Management Programme, Per Drop...

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DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS WHILE EXERCISING REVISIONAL JURISDICTION?

DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS

T.G Niranjana, Associate, Dispute Prevention & Resolution It has been settled by a catena of judgments that the District Consumer Dispute Redressal Commissions do not have the power to set aside the ex-parte orders passed by them. The current trend to ‘overcome this difficulty’ is to file a Revision Petition before the State Consumer Dispute Redressal Commissions seeking to set aside the ex-parte orders passed by the District Commission. However, are such Revision Petitions maintainable in law? Power to set ex-parte: According to section 38(3)(b)(ii) of the Consumer Protection Act, 2019,(hereinafter referred to as ‘the Act’), the District Commissions are empowered to...

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BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM

Shweta Surana, Assessment Intern INTRODUCTION One of the most fundamental cornerstones of arbitration is consent.  It is by virtue of this unique characteristic of arbitration, that only those parties which consented to the arbitration agreement can be bound by the agreement and the resulting arbitral award.  However, like all things go, there exists an exception for this principle as well.   Sometimes, there are certain disputes that cannot be resolved without involving a third party to the arbitration.  At times like this, it is crucial to decipher whether there exists implied consent of the third party to be bound by the arbitration agreement....

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The Baffling Case of Infosys Non-Compete Clause: A critical analysis

The Baffling Case of Infosys Non-Compete Clause

SARA SURESH, Associate, RE & Corporate During the month of April 2022, there were extensive discussions over the legality and enforceability of Non-Compete clauses among the IT workforce. Media Reports stipulates that the IT giant corporation, Infosys, had been summoned by both the Central Labour Commissioner and Karnataka Labour Department over the incorporation of Non-Compete clauses in their Employment Agreement.  According to the media reports, Infosys has been working with both the Central and State Government with regard to their Non-Compete issue.  Howbeit, the media has remained inactive and dormant over the issue for quite some months. In this article, let’s break down...

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The need to regulate E-Pharmacies in India- Necessary checks for a booming industry

Adithya Narayan Student Intern, Dispute Prevention & Resolution INTRODUCTION Over the last few decades, there has been a significant increase in the digital commercialization of goods and services. "E-Pharmacies" have entered the race during the Covid-19 lockdown and the need for medications has fueled their growth.  As a result of this transformation, nearly everything, including medicines and medical tests, has become available at one's fingertips via e-commerce portals in recent years. The Drugs and Cosmetics Act, 1940 (‘D&C Act’) (80 years old) still regulates the entire medical supply industry in India. Amendments or replacement of this law are needed to adequately address the...

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The intersection between admiralty laws and cross-border insolvencies: in deep water or smooth sailing?

The intersection between admiralty laws and cross-border insolvencies - in deep water or smooth sailing

Chinna Aswathy Abraham Associate, Dispute Prevention and Resolution The intersection between admiralty laws and insolvency laws has been making waves for the last many years With respect to India, questions arose as to the jurisdictions of the courts- while admiralty jurisdiction generally exercised by the High Courts, the National Company Law Tribunals (‘NCLT’) exercise jurisdiction over the subject of corporate insolvencies. The operation of moratorium over admiralty suits and the treatment of these plaintiffs as creditors under the Insolvency & Bankruptcy Code (‘IBC, 2016’) were also areas that needed clarity. In January this year, in Angre Port Pvt Ltd v. TAG 15 &...

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Resolution of Legal Issues in Metaverse

Resolution of Legal Issues in Metaverse

At the end of October, at Connect 2021, Mark Zuckerberg relaunched Facebook as Meta in October 2021, in quest of the metaverse. The once-loved concept of a virtual world parallel to the actual world has now been mainstreamed by the internet giant's makeover. Gradually, the metaverse is becoming a part of our lives, with millions of users spending several hours a day in virtual social spaces like Roblox, and more individuals gravitating toward digital ownership of non-fungible tokens (NFTs) and cryptocurrencies. With rapidly developing online networks, the metaverse aims to improve the overlap of our social and digital lives in...

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RIGHT TO BE FORGOTTEN

Right to be forgotten

Can one be forgotten from the internet? The need In the hyper connected nature of the web today, personal information about anyone can be easily obtained within a few clicks on the internet. Personal Identifiable Information (PII) refers to any data that can distinguish a living individual uniquely or can trace it back to them. Name, identification number like Aadhar or Pan number, address, mother’s maiden name or social media identifiers constitute PII primarily. It may also include news articles indexed with the search engines like Google, financial information like credit card, bank account details, or data of violations and criminal convictions. There are...

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WILL THE CTC GO UP WHEN THE LABOR CODES ARE IMPLEMENTED?

WILL THE CTC GO UP WHEN THE LABOR CODES ARE IMPLEMENTED

M. DarshikaAssociate Introduction: Over the years, for governing and regulating the labor and employment regimes, several labor laws were implemented in our country.  This multiplicity of labor laws had resulted in several distinct compliances thereby making it very onerous for businesses to adhere to them.  In order to simplify, restructure and modernize the labor regime to suit the current state of labor affairs, the Central Government had subsumed 29 existing labor legislations into four new Labor Codes viz., (i) The Code on Wages, (ii) The Code on Social Security, (iii) The Industrial Relations Code and (iv) The Occupational Safety, Health and Working...

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Rethinking Employment Contracts in the Era of Remote Working

Rethinking Employment Contracts in the Era of Remote Working

Remote work is here to stay.  Our understanding of the traditional employer-employee relationship is gradually becoming altered.  In this evolving world, would the traditional employer- employee contract still be relevant?  If not, then what are the key issues that need to be pondered upon to customise employment agreements to suit the present day needs of remote / hybrid working.  Through this post, we attempt to explore how employment contracts need to be re-thought and re-purposed in this era of remote / hybrid working. Traditional Employment Agreements vis-à-vis Remote working agreements Traditional employment agreements inter alia, specify the nature of the job, location,...

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Pre-Packaged Insolvency Resolution Process – The JOURNEY thus far

PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS

Ms.Chinna Aswathy Abraham Associate, Litigation & Arbitration Practice Business rescue is commonly achieved by sale of the company’s assets while keeping it a going concern, in an attempt to generate more value, as opposed to selling the assets in piecemeal. This is precisely what a pre-packaged insolvency resolution mechanism seeks to achieve. In a pre-pack, “a troubled company and its creditors negotiate an agreement prior to statutory administration procedures, which allows these statutory procedures to be carried out at greater speed.”(1) “It is commonly seen as a hybrid method of corporate rescue, as it combines the advantages of private restructuring with some...

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Virtual Private Network

Virtual Private Network

Virtual Private Network or VPN allows people to browse securely via an array of encrypted services that allow masking of individual identities. Users gain access to websites that are banned or those that are available in specific countries. VPN allows two or more networks to connect. Companies can allow access to their servers by their employees to work remotely using unsecured or public internet connectivity. The VPN network is completely off radar from the internet. Businesses, government organisations, military make use of them to send and receive confidential information securely. For example, if one has a VPN connection on their home...

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Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1)also known as the ‘New York Arbitration Convention’ was adopted with the aim of harmonising the process for the recognition and enforcement of foreign arbitral awards and for referral by a court to arbitration. However, in spite of its large scale success, the harmonization process has not been completed, because various jurisdictions apply and interpret the New York Convention differently....

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The Smart Hijack – Unimaginable Threats from Smart Devices

The Smart Hijack

There is no doubt that there are many advantages of Artificial Intelligence and IoT enabled smart devices. Technical advancements in facial recognition, voice recognition, automatic content recognition are adding newer dynamics to entertainment, household, and lifestyle. However, the smart devices are vulnerable to a plethora of cyber security threats that can be extremely scary....

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CAREER OPPORTUNITIES FOR LAW GRADUATES

Career opportuniites for law graduates

A profession in law is considered highly august and financially productive. Conventionally, after graduation, a law student was expected to practice litigation. A litigator or an advocate hears and defends the cause of his/her client in the court. However, in the course of time, the career possibilities of law grew extensively. An individual can now become a patent attorney, public prosecutor, legal journalist and so on....

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FARM BILLS, 2020: AN ANALYSIS

Introduction The Indian Parliament during its monsoon session culminating on 23 September passed three highly contentious bills, currently awaiting the President’s signoff, amidst uproar from opposition party leaders and farmers groups. These bills were intended to replace ordinances promulgated on 5th June 2020 The three bills introduced were: The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020The Essential Commodities (Amendment) Bill, 2020 The passage of these Bills, has led to a huge uproar in the country. While, those supporting the Farm Bills are arguing that this is a historic...

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Taipei Economic & Cultural Center, Chennai appoints Dr. Vinod Surana as Hon. Legal Advisor

At an august ceremony held on March 17, 2021 in the Surana & Surana Auditorium within the firm’s office premises, the Director-General of Taipei Economic and Cultural Center (TECC), Chennai (Taiwanese Consulate), Mr Ben Wang handed over the letter of appointment to Dr Vinod Surana as the Hon. Legal Advisor to provide comprehensive legal and tax advisory services to assist Taiwanese investors in South India.  “We are happy to be associated with his firm Surana & Surana International Attorneys who have provided us stellar service for our Centre and have facilitated the establishment of several of our country’s business enterprises in...

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Surana & Surana Knowledge Series seminar organised by Surana & Surana International Attorneys on The New Tamil Nadu Industrial Policy 2021 & MSME Policy 2021.

https://www.youtube.com/embed/WkydMRZlw1c Surana & Surana International Attorneys held their first live seminar under the Knowledge Series, on "The New Industrial Policy 2021" and "MSME Policy 2021" for the state of Tamil Nadu, on February 27, 2021. Presented by the firm’s Partner Sanjay Mehta who analysed the various salient features of the two policies, the session was followed by individual takes on the policy by Mr. S. Rajasekaran, National President, NIQR,  President, SIPCOT Irungattukottai Manufacturers Association (SIMA) & Managing Director, Infant Engineers Pvt Ltd; Mr. K. Suresh, President & CEO, India Cements Capital Ltd & President Elect, Hindustan Chamber of Commerce; Ms. Chitra Alai, General Manager, SIDBI; Mr....

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PURPOSE AND PROCEDURE FOR DRAFTING A FAMILY CONSTITUTION

BY Dr. Vinod Surana Introduction A family constitution is a charter that documents the values and principles of a family business. The contents of a family constitution underline the values and principles of the business while also providing reference points for decision-making concerning ownership and management. Since no family has the same composition or structure, a family constitution will vastly differ. Even in terms of conflict resolution, a family constitution will address the tribulations that that particular business can possibly take as per its past history. Merely having a family constitution in place, does not mean there will be an answer to every...

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E-Voting: It Is Time To Press For Internet Voting In Elections

By Dr. Vinod Surana Living in the age of artificial intelligence, automation, and instant communications, it is a natural progression to increasingly implement technology in the democratic processes. India, one of the largest democracies in the world, has already illustrated how efficient and equitable elections can be carried out with Electronic Voting Machines (EVMs).  India is among the ten countries in Asia and South America that uses EVMs in elections, as do big democracies such as Brazil and the Philippines; however, the majority of Western democracies have shunned the use of EVMs. Many nations in North America and Europe have either discarded or...

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The new Indian Data Privacy Bill & its impact on business

By Dr. Vinod Surana Data collection Data is a collection of names, numbers, dates, measurements formatted to be machine readable. Data is responsible for boosting a company’s revenue, building target audience as well as modifying their products or services to meet demands. Several sources predict exponential growth where size of data doubles every two years. The growth rate has multiplied from two zettabytes in 2010 to 59 zettabytes in 2020. It is forecasted to go beyond 149 zettabytes in the next four years (Statista, 2020). Organisations collect data from customers in several ways, and the data obtained contains personal identifying information...

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Governance in family business during COVID-19

By Dr. Vinod Surana With a looming pandemic that is leading economies to lean towards a K-shape recovery, it is apparent that the brunt of the economic crisis is being felt differently across different businesses and industries. A category of business going through unique changes is the family business. Extremely intriguing data points towards the fact that multigenerational family businesses are experiencing the pandemic differently as compared to those in non-family businesses. ‘Banyan Global’, a family business advisory firm surveyed over 190 families from 20 countries across different industries. Majority of the companies surveyed stated that they are negatively impacted by the...

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LITIGATION FUNDING

50 fifty rupee image litigation funding surana and surana

By Dr Vinod Surana What is Litigation Funding? Litigation Funding, commonly referred to as Third-Party Funding (TPF), refers to the process of covering a party's litigation expenses by a funder in return, for a share in the litigation's monetary award. Litigation funding can cover the costs of any kind of dispute resolution process, whether it is conventional legal proceedings, arbitration and/or mediation. Under Litigation Funding, all or part of the costs borne by one of the parties to the arbitral proceedings is funded by an individual who is not a party to a dispute and the litigation proceedings resulting therefrom. If the...

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