Gujarat High Court – Poker is a game of ‘chance’

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India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

India: Second ordinance to amend the Insolvency and Bankruptcy Code

The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 on 6 June 2018 (Ordinance) to amend the Insolvency and Bankruptcy Code 2016 (IBC). In the short history of around one and half years since the provisions relating to corporate insolvency resolution process under IBC came into force in December 2016, the […]

India: Amendments to securities board delisting regulations

Between 31 May to 1 June, the Securities and Exchange Board of India (SEBI) amended a number of securities regulations to provide certain dispensations for listed companies undergoing the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code 2016 (IBC). These amendments follow SEBI’s discussion paper of March 2018, which set out specific […]

India: Hotel is operator’s taxable presence

The Authority for Advance Rulings (AAR) recently ruled that the hotel property in India operated and managed by the applicant, FRS Hotel Group (Lux) S.a.r.l. (now FRHI Hotels & Resorts S.A.R.L) (Taxpayer) is its ‘fixed place’ permanent establishment (PE) in India. Accordingly, income of the taxpayer attributable to such PE in India is taxable as […]

India: Supreme Court clarifies NCLAT’s powers in appeal

On 18 May 2018, in M/s B Himmatlal Agrawal (Appellant) v Competition Commission of India (CCI) and Anr. [Civil Appeal No. 5029 of 2018], the Supreme Court of India (Supreme Court) distinguished the decision of the National Company Law Appellate Tribunal (NCLAT) while disposing of a statutory appeal under the Competition Act, 2002 (Competition Act). […]

Latest Briefings

Merger control: Guidance paper on new transaction value thresholds in Austria and Germany

In the second half of 2017 both Austria and Germany introduced transaction value based thresholds as alternatives to purely turnover based thresholds that trigger the obligation to obtain merger control approval. The Austrian test pursuant to section 9 (4) Austrian Cartel Act (“ACA”) requires, amongst others, the consideration for a transaction to exceed EUR 200 […]

Danube port legislation: building a bridge across various jurisdictions

The Danube is the longest river in Central Europe, and thus has significant economic potential. However, the full potential of the Danube as a major transport route has not yet been exploited. A reason for this is the fact that the Danube crosses ten countries, and there are, as a result, ten different applicable port […]

Social Housing Monthly Law Update – July 2018

By David Isaacson TLT’s monthly law update on all things affecting social housing Highlights this month include: The EU (Withdrawal) Bill receives Royal Assent Chair appointed to lead independent review into planning appeal inquiries Registered Social Landlords Bill gains Royal Assent Government announces it will fully fund unsafe cladding removal in social housing New powers […]

Industrial strategy: government proposals to use IP to stimulate innovation

By Jo Pritchard The government has recently published the outcome of its consultation on maximising the incentives of the IP (intellectual property) system to stimulate collaborative innovation and licensing opportunities. The call for views was one of a number of initiatives on IP announced by the government as part of its Industrial Strategy in November 2017.   Views […]

Express duty of good faith: rescuing drafting deficiencies

By Susan Honeyands The High Court has recently held that an obligation to act in good faith was breached when a company managing referrals to physiotherapy clinics used the other party’s information to set up a rival business. The case is interesting because the express good faith clause rescued other drafting deficiencies, in particular, the […]

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Walder Wyss advises Wecken & Cie on financing of Smart Grid Solution

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