India’s E-Biz project: e-filing for FDI transactions and new website for FIPB applications

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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). […]

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Patients nowadays have access to an enormous range of medical knowledge through social media, websites and health apps (in combination with wearables). The latter have become increasingly popular in recent years because of their ability to monitor in real time pulse, blood pressure, blood glucose levels and other parameters. Doctors are also intrigued by the […]

Supreme Court upholds ‘no oral variation’ clause

By Emma Davies The Supreme Court’s recent decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 upheld the validity of a clause that limited the parties’ freedom to vary their contract orally. In reversing the Court of Appeal’s decision to find the ‘no oral variation’ or ‘no oral modification (NOM)’ clause binding, […]

Russia’s enduring love for fake luxury and legal action to take

By David Aylen and Elizaveta Osipchuk When reputable social media platforms are involved, rights holders should contact the social media company first and ask it to remove the account. Fortunately, such companies usually collaborate with brand owners as much as possible and take swift measures to block infringing content (usually within three to five days). However, […]

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A few years ago we offered SmartLaw: expert insights for the future of law. As expected, the legal industry has continued to evolve and so must SmartLaw in order to equip firms for the future. We still believe the original SmartLaw key concepts of clients, culture and technology are essential to successful firms, but we now must […]

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The Walker Morris retail team will be attending the Retail Week Live Conference, held on 11-12 March. Rupert Bent and Richard Jaques will be available over the course of Retail Week Live, held at Hilton London Metropole, to discuss topical market and legal issues affecting the retail sector. 

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