On April 25, 2023, a constitution bench consisting of five judges of the Supreme Court issued a split verdict in the case of N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited . The decision was passed by a 3:2 majority. The ruling clarified that an arbitration agreement as well as an instrument containing...

One year ago, in August 2022 the Indian government withdrew the draft Personal Data Protection Bill of 2019 which was in the offing for more than four years. In late 2021, the government released a revised version of the 2019 bill which drew a lot of flak particularly from global technology conglomerates like Google, Amazon,...

Cookies are small files that are transferred by a server to the user’s browser, which then track or monitor use of the website. Recently, cookies and their usage have come under scrutiny from data protection authorities. The seemingly harmless manner in which cookies are presented, obscure the risks they pose to the users, including violation...

On May 18, 2023, the Ministry of Corporate Affairs (“MCA”) via Gazette Notification brought some provisions of the Competition (Amendment) Bill, 2023, (“Amendments” or “Bill”), including those discussed herein, into effect. Chapter 2 of the Competition Act, 2002, (“Act”) and its conduct rules forbid agreements and combinations likely to have an appreciable adverse effect on...

Data is acknowledged as a core component of the digital economy. The volume of data generated by humans and machines has increased exponentially in recent years, while its potential is only eked out by few who, in turn, are able to gain enormous competitive advantages. One significant reason for such effect relating to Internet-of-Things (“IoT”)...

In recent times, the Competition Commission of India, (“CCI”) has started examining anti-competitive practices of big technology companies. With the explosion of digitization, CCI receives many complaints about the conduct of Big Tech who, ostensibly, use their exclusive agreements with selective e-commerce platforms with the aim of excluding other e-portals.

The Insolvency and Bankruptcy Code, 2016 (“IBC”) is a significant reform for the Indian economy because it allows a creditor to initiate insolvency proceedings against a Corporate Debtor (“CD”) in order to protect asset value. While the IBC includes detailed provisions for dealing with a CD’s insolvency on an individual basis, it does not include...

Overseas Direct Investment (“ODI”) through Foreign Direct Investment (“FDI”) transactions (often referred as “round-tripping”) has had a checkered past on account of suspicion over whether they constitute a bona fide transaction. Round-tripping typically refers to an Indian entity investing in a foreign company which invests or already has investments in India

The world is in a different place today. Global supply chains have been under an unprecedented strain since the start of the pandemic in early 2020, and delays, interruptions and escalated costs continue to be the norm. This means companies are continuously navigating an unpredictable environment as they go through shortages while grappling with continuous...