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Direct Cross-border Listing of Indian Companies: An Analysis of the Companies (Amendment) Act, 2020

January 14, 2021

[By Akshat Dangayach] The author is a student at the National Law School of India University, Bangalore. In September of this year, the Government of India notified the Companies (Amendment) Act, 2020 in the official gazette. The move, which has been welcomed by corporations across the spectrum, comes in consonance with the recent series of reforms in response to the growing economic inconsistency in the country, especially in...

FTC vs Facebook and its Potential Impact on Facebook’s Indian Dominance

January 10, 2021

[Giri Aravind] The author is a student at the National University of Advanced Legal Studies. Introduction On December 9th, the Federal Trade Commission, (FTC) as well as dozens of states in the US, sued Facebook alleging that the company was involved in anti-competitive conduct by illegally maintaining its social network monopoly. The suit focuses on two major aspects – anticompetitive acquisitions and anticompetitive platform conduct. The federal regulator...

Skill Loto Solutions v. Union of India: Ingredients of a Perfectly Legislative Cake

January 8, 2021

[By Tanya Rathod] The author is a student at the National Law University, Odisha. Layers after layers of retrospection, judicial pronouncements, and amendments are the key to make any legislative policy a successful one. GST (Goods and Service Tax) regime is always on a path to unravel, widening the scope of jurisprudential interpretation. One such attempt was made by the Hon’ble Supreme Court of India recently, in the...

Impact of COVID-19 on International Trade in India

January 6, 2021

[By Vanshika Chansoria and Raj Aryan] Vanshika is a student at the National Law Institute University, Bhopal, and Raj is a student at the Lloyd Law College, Greater Noida. Introduction International trade is the movement of commodities, goods, services, and intellectual property across the national borders of one’s own country. Trade has been taking place across borders since the time when there was no form of formal body...

Digital Taxation: A Clarion Call

January 2, 2021

[By Neha Mehta and Mahek Shah] The authors are both students at the NMIMS Kirit P. Mehta School of Law. As a response to the outbreak of COVID-19, businesses across the globe have adopted digital models. ‘Digital India’, a government initiative, got a big boost with the demonetisation move four years ago. A 2019 report by the Ministry of Electronics and Information Technology (MeitY) in association with McKinsey...

Financial Institutions as Promoters: The SARFAESI-RERA Conundrum

January 1, 2021

[By Aman Saraf] The author is a student at the Government Law College, Mumbai. Introduction Through a recent decision in Deepak Chowdhary v.PNB Housing Finance Ltd. & Ors, the Haryana Real Estate Regulation Authority (“HARERA”) delivered a significant order vis-à-vis the status of lenders (especially banks and Non-Banking Financial Companies (“NBFC”)). It affects those lenders that take over a development project in the event that the original developer...

Arbitrating WTO Disputes: A Temporary Solution to the Appellate Body Quagmire

December 30, 2020

[By Ashuthosh V] The author is a student at the Institute of Law, Nirma University. Introduction The Dispute Settlement Body (‘DSB’) is a forum that resolves disputes between the World Trade Organization (‘WTO’) members. Such disputes must be a subject matter under any WTO agreement arising out of the Final Act of the Uruguay Round. The Dispute Settlement Understanding (‘DSU’), a WTO agreement, lays down a specific set...

Unwrapping the Conundrum: The Vodafone-India Tax Saga

December 22, 2020

[By Urja Dhapre and Chetan Saxena] The authors are students at the Institute of Law Nirma University. Introduction In an attempt to draw things to a close, the Permanent Court of Arbitration [PCA] has passed an award against India’s Income Tax Department, upholding Vodafone International Holding BV’s [VIH] claims to not pay the tax liability for a whopping $2.2 billion. The award holds the Indian Tax Department to...

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