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External Commercial Borrowings (ECB) under FEMA, 1999
Business needs funds and funds may be raised by many routes, one of the popular routes is ECB. ECB is an opportunity but comes with a responsibility. Responsibilities include compliances, reporting requirements, Interest costs, tenure limitations, and sectoral exposure often push companies to look forward. ECB is an opportunity to borrow funds from outside India. Sometimes domestic markets are not enough to meet the business requirements due to high interest rates or unavaila
2 days ago3 min read


SIAC V. HKIAC: Comparative Analysis of Asia’s Leading Arbitration Forums
Introduction Regarding the settlement of the international legal dispute the preference for international arbitration to address cross-border corporate matters has surged. Asia, in particular, has emerged as a bustling hub for arbitration, with two of the most prominent entities being the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC). These institutions are renowned for their impartiality, supportive arbitration p
6 days ago6 min read


Web Scraping and AI Training Data: Copyright Challenges in the Age of Generative AI
Introduction With the rapid development of Generative Artificial Intelligence (AI) and the surge in its usage, certain copyright concerns in the context of web-scraped data for training AI models become evident and relevant. These AI systems rely heavily on datasets which are often built using web scraping tools, which includes myriads of articles, blogs, published works, and images that are protected under copyright laws. Data scraping in context of Intellectual Property (IP
Apr 296 min read


Liquidated Damages vs. Penalty Clauses in Indian Commercial Contracts
I. Introduction Commercial agreements are the life & blood of business in India. Commercial contracts usually detail the consequences of non-performance/breach of contract. They normally contain the liquidated damages clause, or the penalty clause (or both). Notwithstanding the fact that both clauses are a contractual remedy for breach of contract, the Indian legal system recognizes a significant difference between them, and indeed Section 74 of the Indian Contract Act, 187
Apr 248 min read


Sameer Wadekar v. Netflix - A Myth Rewritten?
Introduction In today’s world, where the law is compared to creativity, ownership of an ‘idea’ has become increasingly complex. The Bombay High Court judgment in Sameer Wadekar and Another v. Netflix Entertainment Services Pvt. Ltd. serves as a reminder that copyright laws are not protection from competition, but rather a speed bump to distinguish originality from copying.[1] In a streaming-driven digital world, the case shows how Indian copyright legislation reconciles two o
Apr 235 min read


Understanding How India’s Courts Are Protecting Brand Identity Through Trade Dress
Introduction You know that feeling, when you’re strolling through a pharmaceutical aisle and you instantly spot a product? Even from a distance where the label can’t be read? For instance, if a consumer picks up a tube of The Derma Co. serum from a pharmacy shelf, there are high chances that the consumer instantly notices its clean orange-and-white color palette and minimalist sans-serif typography. This phenomenon is called brand identity, and in the vocabulary of Intellectu
Apr 228 min read


BCI Posh Guidelines 2026: Mandatory ICC Framework Transforms Legal Workplaces
The Bar Council of India issued workplace safety guidelines on March 3, 2026, making POSH Act compliance mandatory for all legal bodies including bar associations, law firms, and individual chambers. These guidelines establish clear requirements for Internal Complaints Committees and prevention measures, addressing long-standing gaps in protecting women in the legal profession. Core Guidelines Every bar association and law firm with more than ten members must constitute an In
Apr 174 min read


From Waste to Worth: EPR’s Role in the Textile Industry
What is EPR? Extended Producer Responsibility (EPR) holds producers responsible for the whole lifecycle of their products, including disposal and recycling. It is a crucial step in preserving the environment and properly disposing of waste. EPR policies were developed in response to the need to address increasing waste and inefficiency in traditional disposal systems. They aim to create a circular economy , in which materials are reused and recycled rather than destroyed. Ind
Apr 105 min read


The principal business of NBFC should be financial activities. What does conducting financial activity as “principal business” mean?
Financial activity as principal business is when a company’s financial assets constitute more than 50 per cent of the total assets (netted off by intangible assets) and income from financial assets constitute more than 50 per cent of the gross income. Although the term principal business has not been defined in the Act, but in FAQ issued by the RBI it has been cleared for better understanding and desirous company has to fulfil both the criteria. The Reserve Bank has also def
Apr 24 min read


Gayatri Balasamy v. ISG Novasoft: Analyzing the Role of Courts in Arbitral Award Making
Introduction One of the most contentious issues in Indian arbitration has been whether, in the exercise of their supervisory authority under Section 34 of the Arbitration and Conciliation Act, 1996, Indian courts have the authority to modify an arbitral award. This question has been the subject matter of intense doctrinal debate, resulting in a “mosaic of decisions” from various Benches of the Supreme Court and various High Courts. However, in Gayatri Balasamy v. M/S ISG Nova
Mar 306 min read


Writ Jurisdiction and Private Companies: Understanding the Limitations
Introduction Article 226 of the Indian Constitution gives the High Courts of India the authority to issue writs for “any other purpose,” including the protection of fundamental rights. This Article enables the courts to take action in public law cases, safeguarding justice when the government or public authorities fail to fulfill their obligations. However, there persists debate over how far writ authority extends to the private entities. In the case of S. Shobha v. Muthoot F
Mar 257 min read


The Illusion of ‘I Agree’: Unmasking Consent in Clickwrap Agreements in India
Introduction In a survey conducted by Deloitte, more than 90 per cent of Indians agree to the terms and conditions contained in the clickwrap agreements without reading them. This is the blind consent that is often employed by modern user interfaces. The UX design and packaged consent clauses conceal important obligations, and the latter can even force privacy disclaimers on such contracts. Misrepresentative or hidden terms can be struck down in the Indian Contract Act, 1872.
Mar 146 min read


IEPF Share Recovery in India: Complete Guide to Recover Shares from IEPF Authority
The main aim of the regulator is to protect the interest of investors. Many investors do not know their shares and dividend transferred to Investors Education fund due to unacclaimed it. As per law if any shares and dividend are unclaimed for 7 or more than 7 years then it shall be transferred to Investor Education Protection Fund. For recovering those shares share holders have to follow the certain procedure and compliance checklist. Earlier, the process was very cumberso
Mar 65 min read


Doctrinal analysis of Supreme Court’s Stance on Repugnancy of Statutes
Introduction The Supreme Court bench comprising of Justices D.Y. Chandrachud and M.R. Shah in Forum of People’s Collective Efforts (FPCE) & Anr. Vs. State of West Bengal., ruled on the West Bengal state law on real estate regulation. The Apex court declared the West Bengal Housing Industry Regulation Act, 2017 (hereinafter referred to as “HIRA”). WB-HIRA) as unconstitutional. As soon as the WB-HIRA act was passed it was challenged before Supreme Court by the Forum for People’
Mar 66 min read


Understanding Territorial Jurisdiction: A Closer look at Section 19 of the Civil Procedure Code, 1908
Introduction The concept of jurisdiction lies at the very heart of the legal system. It is a very fundamental topic in the realm of civil law as it determines which court has the authority to adjudicate and the limit or extent of authority that can be exercised by a court with regards to matters brought to them. A civil court can exercise its authority if two conditions are met: first the suit must be of civil nature and second, it’s jurisdiction to try the matter should not
Feb 279 min read


The ‘Force Majeure’ Clause: How One Phrase Saved (Or Sank) Businesses During Covid-19
Introduction The COVID-19 pandemic caused unparalleled disruptions among all sectors—from manufacturing, to hospitality, to logistics, to entertainment. At the centre of countless contractual disputes created by the disruption of the pandemic was a three-word term: force majeure. Very simply, in general terms, that means "superior force." In short, the term "force majeure" was the issue that whether a company could legally stop perform its obligations under a contract. Force
Feb 255 min read


A first-of-its Kind – Thailand rolls out the WIPO IP Course
Introduction Thailand stands out as a leader in intellectual property education across Southeast Asia. On January 21, 2026, the country rolled out the first upgraded WIPO Academy course in a national language among ASEAN members. Working hand in hand with the Department of Intellectual Property, the WIPO Academy brought the DL101-TH General Course on Intellectual Property to life on Thailand’s own eLearning platform. Open for enrollments right away, this self-study program le
Feb 205 min read


Mergers & Acquisitions: The Hidden Risk in Trademark Assets
Introduction In the fast-paced global economy of today, mergers and acquisitions (M&A) have become essential tools for business expansion, diversification, and consolidation. But within the complicated process of financial analysis, regulatory approvals, and planning and integration strategies, trademark due diligence is often neglected as a key M&A process step. Trademark assets are more than legal rights; they represent a company's brand identity, market reputation, and con
Feb 166 min read


10-min Delivery Promise Halted to Protect Gig Workers
Introduction India’s quick commerce sector has reshaped daily shopping, bringing groceries to doorsteps in minutes through apps like Blinkit, Zepto, and Swiggy Instamart. This convenience masked serious risks for delivery riders, who faced pressure to speed through dangerous traffic. In January 2026, the government stepped in, directing platforms to remove their 10-minute delivery guarantees after worker protests highlighted unsafe conditions. Growth of Quick Commerce and Eme
Feb 145 min read


WCC & Regulatory Lapses in Loan Fraud: Statutory Architecture, Enforcement Frictions and Systemic Vulnerabilities in India’s Financial Sector
The conception of white-Collar crime Although the nomenclature of “white-collar crime” was brought into the big picture in mid-20th-century criminological discourse, analytical engagement with economically privileged offending agents, which are now classified as “ white-collar offenders” , predates its terminological codification within the genealogy of criminology. [1] At the turn of the century, Edward Alsworth Ross [hereinafter “Ross”] theorised the figure of the “ crimin
Feb 1228 min read
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