We are happy to present the sixth issue of our e-magazine – Trilegal Quarterly Roundup.
If you would like to navigate to the magazine directly, click here. If you would like to read a brief summary of what this issue features, please continue reading below and use the hyperlinks provided to access individual features.
INSIGHTS
- Key Considerations in Negotiating Impact Bonds in IndiaDevelopment impact bonds are increasingly seen as an innovative instrument to bridge the gap between financial returns and social outcomes. However, complexity of the instrument often results in time-consuming negotiations that delay much needed social interventions. In this article, our Partner and guest contributor, reflect on their learnings from structuring various DIBs and discuss key considerations for stakeholders to undertake effective negotiations.
- Grant of Post-Award Interest – Does the Award Dictate the Outcome?The scope of an arbitrator’s powers to grant post-award interest has been a matter of long-standing debate. In this article, we trace key decisions of the Supreme Court on this issue and delve into the complexities around the scope and width of an arbitrator’s powers in granting post-award interest – whether interest on interest can be granted, and also, on what component of the arbitral award can such post-award interest be granted.
TUNE IN
Our Partner, Samsuddha Majumder, talks to Varun Gera, Founder and Chief Executive Officer, HealthAssure, about the key GST-related issues impacting the healthcare sector.
To watch this video, click here.
QUARTERLY MILESTONES
- Corporate
- Asset reconstruction companies – framework revised
- Categorisation of NBFCs clarified
- Corporate/NBFC lending by banks – prudential norms updated
- Unlisted InvITs discontinued
- Capital issuance for insurance companies liberalised
- Dispute Resolution
- Developments in Arbitration
- Supreme Court on interest payment to award holders
- Lack of clarity over appointment of arbitrators continues
- Delhi High Court on enforceability of arbitration clause in non-binding term sheet
- Developments under IBC
- Amendments relating to oversight of IPs, efficiency of insolvency resolution process
- SEBI proposal to protect shareholders of companies undergoing CIRP
- Supreme Court on standard for determining pre-existing dispute
- Labour and Employment
- Telangana allows women to work night shifts
- Delhi court on sexually coloured remarks as harassment
- Supreme Court on Employees’ Pension (Amendment) Scheme, 2014
- Covid-19 guidelines for international arrivals in India
- Data Protection and Regulation
- Revised proposal for personal data protection regulation
- Key trends in privacy jurisprudence
- Intermediary rules – scope of obligations expanded
- National Geospatial Policy 2022 – encouraging private participation
- E-KYC setu for Aadhaar authentication
- Payments and E-commerce
- Voluntary standards for publishing online consumer reviews
- Consumers’ right to have their products repaired
- Pilots of digital currency in wholesale and retail sectors
- UPI and BBPS schemes – scope of payments to be expanded
- Media and Gaming
- Online gaming and e-sports to be regulated by the central government
- Regulatory uncertainty on online games and gambling in Tamil Nadu
- Revised guidelines for broadcasting activities – reduced compliance burden
- Financial Regulatory Regime
- Redressal of investor grievances
- Market infrastructure institutions – governance mechanisms
- Draft offer documents – confidential filing
- AIFs – aligning operational facets with global standards
- Contingency service platform for market players
- SAT decision – liability of company secretary
- India’s central bank digital currency pilots
- Unified Payments Interface – expansion of utility
- RBI’s Innovation Hub – financial innovation
- Capital Markets
- Confidential filing of IPOs
- Disclosures on key performance indicators
- Monitoring utilisation of issue proceeds
- Filing of offer documents at SEBI head office
- Banking and Finance
- Revisions to electronic book provider framework
- Changes to framework for listing of ‘debt securities’
- Denomination reduction – debt securities, etc.
- SEBI board meeting – amendments proposed to SEBI Non-Convertible Securities Regulations, 2021
- NCLT Mumbai – whether corporate debtor undertaking is ‘financial debt’
- Direct Tax
- Permitted scope of activities for charitable educational institutions
- Scope of ‘general public utility’ for charitable institutions
- Due date for payment of employees’ contributions to statutory funds
- Indirect Tax
- Mismatch of ITC in FORM GSTR- 3B and FORM GSTR- 2A (FY 2017-18 and 2018-19)
- Re-determination of tax liability – cases subsequently held as ‘non-fraud’
- ITC on supply of services for transportation of goods outside India
- GST on no claim bonus in insurance policy
- Reduction of tax demand post IBC proceedings
- Non-payment of value of supply – proportionate reversal of ITC by recipient
- Supplier fails to pay tax – reversal/re-availment of ITC by recipient
- Restriction on filing FORM GSTR-1 by supplier
- GST rate reductions and clarifications
- Intellectual Property
- Nice Classification for virtual goods and services
- Delhi High Court decisions –
- social media intermediaries – scope of discovery and infringing users’ details
- test of passing-off in respect of pharmaceutical products
- test for establishing design piracy
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