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Our attorneys and specialists remain up-to-date with the latest legal developments and offer their perspectives and critical commentary.

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Corporate Advisory

Letter and Spirit of the Law

August 13 2015

The universal complaint against lawyers is that they have five different and contradictory interpretations of the same sentence, each fully justified. Some of our laws are centuries old and the language is so archaic that the original intent of the then legislature is obfuscated by time and

International Trade & WTO

Transparency and confidentiality in AD investigation proceedings

August 07 2015

Investigation process adopted by the Designated Authority in anti-dumping cases has recently been called into question before the Hon’ble Delhi High Court by the participating exporters.

Regulatory Laws

Engaging Contract Labour: The prerequisites and the pitfalls

August 03 2015

Companies engage contract labour to keep the head count low and for the scalability and flexibility it provides in management of workforce. Though employment of contract labour in India has attracted debates, it has become a significant and growing form of employment,

Direct Tax

Corporate Guarantee – Certainty in taxation not guaranteed!

July 27 2015

Affiliates of Multi National Enterprises (‘MNEs’), in the recent past, are moving more towards functioning independently from their parent, operational and financial. 

Intellectual Property Rights

Separation of rights under copyright & design laws

July 22 2015

Under the Indian IP system, a clear distinction has been made between rights available under the Designs Act, 2000 (“the Designs Act”) and the Copyright Act, 1957 (“the Copyright Act”), to avoid any overlap in protection under the two Acts.

GST and centralized registration

July 15 2015

Much has been said about the introduction of levy of additional 1% tax proposed under clause 18 of the Constitutional (122nd Amendment) Bill 2014, (duly passed in Lok Sabha and which is now placed before a special committee, pending for approval by the Rajya Sabha, and subsequently by 50% of State

International Trade & WTO

Courting balance between investor and host state in ISDS

July 09 2015

The  India’s model BIT (Bilateral Investment Treaty) was criticised as moving away from investor protection and being unreal.

Resale price maintenance in e-commerce – CCI initiates investigation

June 22 2015

The CCI has in 2014 initiated two investigations into the alleged imposition of minimum resale price maintenance (RPM). The first one was against Hyundai Motor India Ltd (‘Hyundai Case’) and I had written on the legal standard adopted by the Competition Commission of India to initiate investigations

Intellectual Property Rights

Comparative advertising - Acceptable competitive behaviour and law of disparagement

June 19 2015

Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1].

Direct Tax

The Revenue Rule & International Taxation

June 18 2015

International law is generally considered as the law of the nations and therefore, the rules of international law have developed into a long standing custom that they are dutifully followed by the individual countries.

Goods and Services Tax | Regulatory Laws

Industrial/ Institutional Consumers – the argument continues

June 15 2015

By Shweta Kathuria The Department of Consumer Affairs (Legal Metrology Division) by notification dated 14-5-2015 amended the Legal Metrology (Packaged Commodities) Rules, 2011 (“PC Rules”). The PC Rules were framed to sa

International Trade & WTO

Third party rights under WTO DSU – Ongoing reforms

June 08 2015

The WTO Dispute Settlement Understanding (DSU) is a central element in providing security and predictability to the multilateral trading system created under the WTO.

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