A New Retrospective Taxation Claim Launched Against India
Earlyguard, a British subsidiary of the Japanese conglomerate Mitsui & Co, has commenced Arbitration against India, under the India-UK Bilateral Investment Treaty after the Indian tax authorities raised a retrospective tax claim of Rs 2,400-crore (US$342 million) on a transaction that took place back in the year 2007. The said transaction was over the […]
USA supports waiver of IP protections for Covid-19 vaccines
In a reversal of stance, the American government announced its support for waiver of IP protections on Covid-19 vaccines on 5th May 2021. The government also assured active participation of its administration in the WTO negotiations needed to ensure such waiver. This proposal for waiver has been subject to criticism by the European Union, which […]
India Challenges the Cairn Arbitration Award
On December 21, 2020, the International Arbitral Tribunal in the case of Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India, held that India had breached its obligations to Cairn under the 1994 UK-India Bilateral Investment Treaty, and awarded damages of US$1.2billion plus interest and costs, to Cairn.India filed an appeal […]
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 proposes to transfer its powers in copyright matters to Commercial Courts and all its other powers to High Courts. This bill comes […]
Non Payment of stamp duty on the commercial contract will not invalidate the arbitration agreement
In a significant development, Hon’ble Supreme Court has held that non- payment of stamp duty on the commercial contract will not invalidate the arbitration agreement. This judgment lays down various guidelines which courts and tribunals must follow while dealing with the objection qua non-stamping or insufficient stamping. Apart from this, there have been various other […]
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at over INR 20,000 for every kilogram. The GI Tag will prevent unauthorized use and will provide legal protection to Doda Gucchi Mushroom. This will in turn boost it’s export. It […]
Arbitration judgments passed by Indian courts in Nov and Dec 2020
In a significant development, Hon’ble Supreme Court had held that Landlord- tenant disputes under Transfer of Property Act are arbitrable. While it will be interesting to see how it will bear practical effects on the ongoing cases, it is a welcome development for landlords and tenants who earlier were precluded from resorting their disputes by […]
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine will be delivered to billions of people in record time. The Intellectual Property(IP) protections has created the foundation for these developments. India and US have recently signed a Memorandum of Understanding […]
Newsletter on Arbitration (October 2020)
In the midst of pandemic, with easing of restrictions, Industries and Companies are trying to get back on the wagon. However, this has also given rise to trade disputes of diverse nature and complex character involving huge stakes. In this newsletter our endeavour is to highlight the recent updates in the branch of […]
Register your trademark – prevent the risk of squatting
Sony Play Station 5’s name has been Trademarked in India, except it wasn’t Sony who is the Applicant When gamers around the world were eagerly awaiting the release of Sony’s PlayStation 5 console, Indian consumers got the news that it’s launch in India may be delayed. The reason for this could be the fact that […]
