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In Brief: Arbitration Formalities In India

Arbitration  UNCITRAL Model Law  Is the arbitration law based on the UNCITRAL Model Law?  Yes, the Indian arbitration law is based on the UNCITRAL Model Law.  Arbitration agreements  What are the formal requirements for an enforceable arbitration agreement?  The formal requirements of an enforceable arbitration agreement are contained in section 7 of the Arbitration and …

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Gati Shakti Master Plan

The Hon’ble Prime Minister, Mr. Narendra Modi on October 13, 2021 launched the PM Gati Shakti Master Plan (“Gati Shakti/Plan”), a pre-launch announcement for which was made by the Hon’ble Prime Minister in his speech during the 75th Independence Day celebration. Gati Shakti is an initiative to monitor and bring on track the progress of …

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Dispute Resolution In India

Litigation Court system What is the structure of the civil court system? The Supreme Court of India is the apex court exercising original, appellate and advisory jurisdiction, followed by the high courts established in different states and union territories of India. All high courts exercise appellate jurisdiction over subordinate courts established in different districts with …

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German Supply Chain Act set to come into force on January 1, 2023 – What does this mean for India 

Background  The German Parliament passed the law on coporate due diligence in supply chains (Lieferkettensorgfaltspflichtengesetz) (“GSCA”) on June 11, 2021. GSCA is slated to come into force on January 1, 2023 and will be implemented in a phased manner.  Introduction of GSCA is an affirmative legislative step by the German Parliament to identify and assess …

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Conciliation and Arbitration under the MSME Act

Distinct and mandatory processes   Introduction With the increasing burden on Civil Courts, the Legislature has, under various statutes, provided that disputing parties first undergo mandatory conciliation or mediation processes prior to initiating arbitration or approaching Civil Courts. The effect of such provisions is that they act as a mandatory pre-cursor to initiation of arbitration …

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The Journey of India’s Data Protection Jurisprudence

India’s quest for a data protection regime can be traced back to when the idea was first mooted in the Indian Parliament in 2008, when an amendment to the Information Technology Act, 2000 (“IT Act”) was proposed. The introduction of the new Section 43A under the Information Technology (Amendment) Act, 2008 (“Amendment”) inter alia put …

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Draft Overseas Investments Framework: Overview

Introduction On 9 August 2021, the Reserve Bank of India (“RBI”), with a view to liberalize the regulatory framework pertaining to overseas direct investment (“ODI”) and also to promote ease of doing business, decided to rationalize the existing provisions governing ODI. Accordingly, the RBI published two drafts on its forum – i.e., the draft Foreign …

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