Delhi High Court Declines Determination of Res-judicata in Section 11 Application, Appoints Arbitrator (Via the Indian Arbitration Blog)

The Petitioner in Parsvnath Developers v. Rail Land Development Authority[1] requested the Delhi High Court to appoint a nominee arbitrator for the recalcitrant Respondent under Section 11 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act), in a dispute arising out of a development agreement (the Agreement).

This Just In: Messi scores before EU General Court in a seven-year battle to register eponymous mark

By its recent decision dated 26 April 2018 in Messi Cuccittini v EUIPO – J-M.-E.V. e hijos (MESSI), the General Court of the European Union (General Court) has upheld Lionel Messi’s trademark application for ‘MESSI’ for use on sports and gymnastics clothing, footwear and equipment. Here’s a graphic representation of Messi’s trademark:

Deconstructing the Delhi High Court’s Anti-Arbitration Injunction against Vodafone UK’s BIT Arbitration

This article was first posted here on the IndiaCorpLaw Blog (https://indiacorplaw.in). 

The Delhi High Court (the Court) in its order dated 22^nd August 2017 has passed an ex-parte interim injunction restraining Vodafone UK entities (Defendants) from initiating investment arbitration against the Union of India (UOI) under the India-UK Bilateral Investment Treaty (BIT) [the Order]. Amidst the post-amendment fervor of the Indian arbitration regime, the Order is arguably reminiscent of India’s erstwhile interventionist approach to arbitration.

Nikita Panse of ILS Pune on bagging a PPO from Jaykar and Partners, the importance of reading and personal development alongside work

Nikita Panse is a final year law student at ILS Law College, Pune. She takes a keen interest in family law and criminal law. She is a belly dancer, an avid reader of all genres and an optimistic fitness enthusiast. She bagged a PPO with Jaykar and Partners, a reputed litigation law firm in Mumbai.

Yojit Pareek of ILS Pune on getting a PPO with DSK Legal, the art of networking and lessons from mooting

Yojit is a final year student from ILS Law College; where he served as one of the Coordinators of the ILS Intellectual Property Rights Cell, performed well at national and international moots and played an instrumental role in the organization of several national and intra-college events.  He is also the newest addition to DSK Legal’s taxation practice at Mumbai.

(Guest Post) Supreme Court: SAT has no jurisdiction to adjudicate on SEBI’s ‘Administrative Circulars’

This post is authored by Gaurav N Pingle, a practicing Company Secretary from Pune. He is associated as ‘Domain Consultant’ with CimplyFive Corporate Secretarial Services Pvt. Ltd. He is also visiting faculty for ‘Company Law’ at ILS Law College, Pune. Mr. Pingle can be contacted at gp@csgauravpingle.com. For more information on Mr. Pingle’s work, please visit www.csgauravpingle.com.

In a very interesting decision, the Supreme Court interpreted the provisions of SEBI Act (‘the Act’), and ruled on a contentious question – Whether administrative circular that is issued by SEBI under the Act can be the subject matter of appeal u/s 15T of the Act?

This article is an analysis of the Apex Court’s judgment in National Securities Depository Ltd. V. Securities and Exchange Board Of India [“NSDL v SEBI”] [dated March 7, 2017].

Justifying the Trademark Registration Regime

Tracing Origins[1]

Merchants have been using unique insignia on their goods since ancient Greek and Roman times. This was done mainly to inform buyers and other traders of the origin of their goods and to distinguish them from those manufactured by others. This practice was implicitly respected in the merchant community and guilds[2]. But for a long time, they possessed no justiciable right, except under the law of fraud, against any misappropriation of their merchandise marks.

Corporate debtors required to have initiated litigation/arbitration against creditor before receiving insolvency notice under S. 8(1) of IBC

Earlier this month, the Mumbai Bench of the National Company Law Tribunal (NCLT) decided an important issue arising under the Insolvency and Bankruptcy Code, 2016 (the Code). This development was first reported here by Varun Marwah, an alumnus of ILS Law College, Pune. This matter was also extensively worked upon and argued before the NCLT by Vividh Tandon, associate, Cyril Amarchand Mangaldas, Mumbai. He is also an alumnus of ILS Law College, Pune.

Ramkishore of ILS Pune on bagging a PPO at AK Law Chambers, significance of internships and the beauty of mooting

Ramkishore is pursuing the final year of the five-year law course at ILS Law College, Pune. He hails from Andhra Pradesh, where he secured a Rank 26 in the AP Law Entrance Test. He won the Intra College Client Counseling Competition this year and has previously participated in many other moot courts. Ramkishore is a strong proponent of speedy justice and amicable settlement of legal disputes. He’s on his way to becoming a stellar new associate at AK Law Chambers, one of the best arbitration law firms in India!

Samrudhi Chothani of ILS Pune on earning a PPO at Bharucha & Partners, Mumbai, counsel practice for women, and choosing the right firm to start a litigation career

Samrudhi Chothani is a final year law student of the five-year course at ILS Law College, Pune. She takes a keen interest in the laws of contract and arbitration and loves to binge on episodes of Sherlock, Game of Thrones and Sarabhai v Sarabhai. At present, Samrudhi is an Associate-in-waiting at Bharucha & Partners, Mumbai; and come May 2017, she will become a first generation lawyer.