Articles for Opinion & Analysis

A Parent’s Nightmare: Cross-Border Child Abduction

The Indian Constitution addresses cross-border child abduction cases as custody cases, implementing certain procedures to help parents whose children have been abducted to India.

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Lok Sabha Passes Citizenship (Amendment) Bill, 2019

The Bill seeks to grant Indian citizenship to non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan.

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No Need Of Larger Courtroom To Hear Pleas Challenging Article 370 Abrogation: SC

Manohar Lal Sharma, who is one of the petitioners in the case, requested the Constitution bench that this hearing should be conducted in a larger courtroom and live telecast be allowed to allow people to witness its proceedings.

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Shweta Shroff Chopra, Partner, Shardul Amarchand Mangaldas And Co. Comments On Draft Competition Commission Of India (Lesser Penalty) Regulations, 2023

The Competition Amendment Act introduced numerous far-reaching changes to competition law in India. One such change is the introduction of the leniency plus regime, which allows an existing leniency applicant to disclose the existence of another cartel and benefit from this disclosure in both cases. Similar benefits are extended in most mature competition law jurisdictions to enable the detection of secret cartels. Though these provisions are yet to be implemented in India, these draft regulations provide much needed clarity on how the CCI is looking to implement this important change. We look forward to seeing how the new regime will develop.

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Ritika Bansal, Lawyer, Nishith Desai Associates Comments On Women's Reservation Bill 2023

"The cabinet's approval of the Women's Reservation Bill is a commendable legal development. Going forward, it will be necessary to frame implementing regulations that ensure the Bill serves its intended purpose: to substantially enhance representation for women from a variety of socio-economic backgrounds in the Parliament."

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Athita Komindr, Head Of UNCITRAL Regional, Centre For Asia And Pacific Speaks On UNCITRAL Rules 2021 At APCAM International ADR Summit

"The UNCITRAL rules for expedited Arbitration adopted in 2021 provide for a need based process. Institutional adoption of the rules will enhance the range of options to the parties which is an underlying foundation to the Alternate Dispute Resolution."

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Justice S. Ravindra Bhat, Judge At Supreme Court of India, Comments On Arbitration Proceedings At APCAM International ADR Summit

The natural growth of Arbitration will happen when we set up more institutions. We need to foster a culture of domestic arbitration.

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A Lot Will Depend On Regulations By Govt On Competition (Amendment) Bill 2022, Remarks Pallavi Shroff, Managing Partner, Shardul Amarchand Mangaldas & Co.

“The Competition Amendment Bill, which has just been passed in the Lok Sabha, is a timely update to the law, which has been on the statute books for two decades. Whereas certain amendments are business friendly and consistent with the Government’s “ease of doing business” mission, others may raise more uncertainty in their implementation. A lot will also depend on the regulations to be issued by the CCI to flesh out many of these broad proposals."

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Shweta Shroff Chopra, Partner, Shardul Amarchand Mangaldas & Co. Comments On Competition (Amendment) Bill 2022

“The amendments formally fix responsibility on facilitators of cartels such as trade associations, agents and even customers if they act as hubs for illegal information exchange. Now, they will be penalised in the same way as the cartelists themselves, which could be up to 10% of average global turnover for the preceding 3 financial years, or 3 times of profit for each year of the continuance of the cartel or 10% of the global turnover for each year of the continuance of the cartel, whichever is higher. It would be interesting to see if this expanded definition also covers AI software offering pricing suggestions.”

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Cyril Shroff, Managing Partner, Cyril Amarchand Mangaldas Remarks About Foreign Firms Being Allowed To Set Up In India

Whilst the devil will lie in the detail, I think this is a progressive development. India’s legal market is ready for change and will grow. I welcome the opening up

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