Exploring compelled speech under Indian media and constitutional law — the right to speak and the right to silence under Article 19(1)(a), with analysis of Bijoe Emmanuel, the national anthem case, and emerging challenges in digital media regulation.
A detailed study on non-patentable inventions under Sections 3 and 4 of the Indian Patent Act, 1970 — covering exclusions from frivolous inventions to traditional knowledge, with analysis of landmark cases including Novartis v. Union of India.
Will a wave of force majeure litigation hit Indian courts and will it be successful?
Globalization has transformed investment law, shaping foreign direct investment (FDI) flows, regulatory frameworks, and investor protections. Bilateral treaties, dispute mechanisms, and economic integration reflect the evolving legal landscape of cross-border investments.
The International Centre for Settlement of Investment Disputes (ICSID) provides a neutral forum for resolving disputes between states and foreign investors. Established in 1966 under the ICSID Convention, it ensures impartial arbitration and conciliation, fostering investment stability.
Bilateral Investment Treaties (BITs) are agreements between two states that protect foreign investors by ensuring fair treatment, preventing expropriation, and providing dispute resolution mechanisms.
Expropriation in international investment law is the compulsory taking of foreign investors' assets by a host state, balancing sovereign rights with investment protection. It includes direct and indirect forms, requiring fair compensation and due process.
The WTO evolved from GATT to better address global trade challenges, expand trade rules to services and intellectual property, and establish a stronger dispute resolution system, ensuring fairness and predictability in international trade.
The regulatory taking doctrine in international investment law mandates compensation when state regulations significantly impact investments, even without formal expropriation, balancing sovereign regulation and investor protection.
Fair and Equitable Treatment (FET) ensures stability, transparency, and non-discrimination in investment law. It protects investors' legitimate expectations and prevents arbitrary actions. Its evolving interpretation impacts global investment disputes and treaty practices.
Most-Favoured-Nation (MFN) treatment ensures foreign investors receive treatment no less favorable than investors from other nations. While promoting non-discrimination, its application in dispute resolution and substantive protections remains debated in investment law.
An umbrella clause in investment treaties mandates host states to honor commitments related to investments, elevating breaches of local obligations to international disputes. It enhances investor protection, though its scope and applicability remain debated in arbitration.
An actionable claim is a claim to an unsecured debt or a beneficial interest in movable property not in possession, recognized by civil courts. It is transferable under Section 130 of the Transfer of Property Act, 1882, and is classified as "goods" under GST law.
Intellectual Property Rights (IPR) play a crucial role in protecting software by ensuring legal safeguards for creators. While copyright protects the expression of code, patents offer broader protection for innovative software functions, balancing innovation and competition.
White-collar crimes in India, often committed by individuals in positions of trust, involve fraud, corruption, and financial misconduct. With increasing globalization and technology, such crimes have evolved, demanding stricter regulations and enforcement for accountability.
Abuse of dominant position under the Competition Act, 2002, occurs when a dominant enterprise exploits or excludes competitors in a relevant market. Section 4 prohibits unfair practices like predatory pricing, denying market access, or restricting innovation and competition.
The article explores the interplay between the Commercial Courts Act, 2015, and the Arbitration and Conciliation Act, 1996, focusing on Section 13 and Section 37, judicial interpretations, and the need for clarity to ensure minimal interference and efficient dispute resolution.
The Model India BIT (2016) redefines India’s investment treaty framework, balancing investor protection with state sovereignty. It introduces clear investment definitions, excludes MFN clauses, limits ISDS, and prioritizes regulatory autonomy, addressing earlier flaws.
Anti-dumping laws prevent unfair trade practices by counteracting the sale of products at unfairly low prices. Governed by the WTO's Anti-Dumping Agreement, these laws ensure fair competition by imposing duties on dumped imports that harm domestic industries.
International investment law governs foreign investments, balancing investor rights with state regulatory powers. It involves IIAs, arbitration mechanisms, and standards like fair treatment and non-discrimination, while addressing public policy and sovereignty challenges.
Trade disputes arise when nations disagree on trade rules or practices. The WTO resolves these disputes through its Dispute Settlement Mechanism, guided by the DSU. This structured process ensures fairness, predictability, and compliance with trade agreements.
The Director General under the Competition Act, 2002, investigates anti-competitive practices through powers like summoning individuals, accessing records, and conducting search and seizure. Landmark cases highlight the DG's pivotal role in safeguarding fair competition and consumer welfare.
The appreciation and admissibility of evidence in India are governed by the Indian Evidence Act, 1872, and Bharatiya Sakshya Adhiniyam, 2023. This study examines key principles, judicial interpretations, and challenges shaping the role of evidence in ensuring justice.
The Court of Justice of the European Union ensures uniform application of EU law across Member States through direct proceedings and preliminary rulings. Its role in legal integration, judicial supremacy, and shaping key legal principles is pivotal for the EU.