DISPUTE DIGEST
Arbitration award interest stops on access date: Delhi HC
Delhi High Court says interest accrued on arbitration awards end when funds are accessible for claimant
Turnover can shape environmental compensation: Supreme Court
The Supreme Court of India has observed in two recent cases that factors such as scale of operations are powerful factors when determining the environmental compensation a liable company must pay
Delhi High Court decision aims to stop domain name misuse
Delhi High Court has provided a solution to the misuse of domain names related to well-known brands purchased by anonymous and unrelated persons
Tiger Global’s Flipkart exit taxable in India: Supreme Court
Supreme Court rules Tiger Global’s use of Mauritius-based structure to sell USD1.6bn Flipkart stake as a conduit arrangement and deal is taxable in India
Tax deduction caps on foreign companies’ India business expenses
Deduction limits apply to head offices of foreign companies in India, the Supreme Court has ruled, citing section 44C of the Income Tax Act, 1961
SC clarifies jurisdictional issue in cross-border arbitration
The Supreme Court of India clarified jurisdiction issues for Indian courts in cross-border contracts and arbitration
Res judicata bars repeat arbitration requests
The Delhi High Court rules res judicata bars successive applications for arbitral reference if the identical request was previously rejected
Counterclaim against co-defendant barred
India SC rules a counterclaim under CPC must target the plaintiff, not solely a co-defendant
Post-bid financial change disallowed
The Supreme Court quashed a Calcutta High Court ruling that allowed post-bid financial rectification in an e-tender
SC sets aside JV bid disqualification
SC rules bidders cannot be disqualified for non-submission of a JVA unless expressly mandated by clear tender terms
Interim trademark protection extended to Barbie
The Delhi High Court granted interim protection to Mattel’s “Barbie” trademark, blocking use by a local business attempting to register a similar name
Singer’s personality rights upheld in AI age
The Bombay High Court upheld veteran singer Asha Bhosle’s personality rights against unauthorised AI-generated voice and likeness replication
Mars, Cadbury settle 25-year trademark dispute
Mars and Cadbury end a 25-year trademark battle over “celebrations” with a court-approved settlement
Madras HC comes to aid of Indian crypto investors
The Madras High Court ruled that cryptocurrency is a property under Indian law and not a currency, granting relief to an investor in a case against WazirX operator Zanmai Labs
Classification of Ambani account as ‘fraud’ upheld
The Bombay High Court upheld SBI’s move to label Anil Ambani’s Reliance Communications loan as “fraud”, rejecting his plea of non-involvement in company affairs
Court clarifies IBC priority is revival
Supreme Court recalled liquidation order in Kalyani Transco v Bhushan Power & Steel, reaffirming IBC’s rescue objective
Interest on penalty follows specifics of order
Supreme Court held interest on SEBI penalties runs from adjudication order expiry
Permissive clause ‘may’ not be binding
The Supreme Court held that a clause using permissive language like “may” does not form a binding arbitration agreement under section 7
