Arbitration
The Evolution of Emergency Arbitration in India
Emergency arbitration has emerged as an important mechanism for parties seeking urgent interim relief before the constitution of an arbitral tribunal. This article examines the legal framework, institutional rules, and recent judicial developments that have shaped emergency arbitration in India, and what practitioners need to consider when invoking this mechanism.
By Kaivalya Legal12 min read
Insolvency
Key Developments Under the Insolvency and Bankruptcy Code
The IBC has undergone significant amendments since its enactment, reshaping creditor rights, CIRP timelines, and resolution mechanisms. This article provides an overview of the most consequential changes and their impact on stakeholders — creditors, debtors, and resolution applicants.
By Kaivalya Legal10 min read
Data Privacy
The Digital Personal Data Protection Act: A Compliance Overview
India's DPDP Act 2023 introduces significant obligations for businesses handling personal data. This article outlines the key compliance requirements, consent frameworks, data fiduciary obligations, and cross-border data transfer provisions that organizations must understand.
By Kaivalya Legal14 min read
White Collar Crimes
Understanding PMLA Investigations: Legal Framework and Safeguards
The Prevention of Money Laundering Act provides enforcement agencies with wide powers of investigation and attachment. This article examines the legal framework, procedural safeguards available to individuals under investigation, and recent judicial pronouncements on the rights of the accused.
By Kaivalya Legal11 min read
Intellectual Property
Trade Secret Protection in India: Legal Framework and Practical Considerations
Unlike patents and trademarks, trade secrets do not benefit from a standalone statute in India. This article examines the legal basis for trade secret protection under Indian law, contractual mechanisms for enforcement, and practical steps businesses should take to safeguard confidential information.
By Kaivalya Legal9 min read
Real Estate
RERA and Its Impact on Real Estate Transactions in India
The Real Estate (Regulation and Development) Act has fundamentally altered the landscape of real estate transactions. This article analyses RERA's key provisions, the obligations of promoters and allottees, dispute resolution mechanisms under the Act, and recent orders from RERA authorities across states.
By Kaivalya Legal13 min read
Arbitration
Enforcement of Foreign Arbitral Awards in India: Current Position
India's approach to enforcement of foreign arbitral awards has evolved significantly through judicial interpretation of the Arbitration & Conciliation Act, 1996. This article reviews the current legal position, grounds for refusal, and important Supreme Court decisions that practitioners should be aware of.
By Kaivalya Legal10 min read
Cyber Law
Intermediary Liability Under the IT Act: Where Does the Law Stand?
The liability of digital intermediaries has been a contentious area of Indian law, with evolving rules and regulations. This article examines the safe harbour provisions, the IT Rules, 2021, and recent court decisions that have shaped the obligations and exposure of online platforms.
By Kaivalya Legal8 min read