Articles – Clove Legal

Articles

Validity of the ‘Group of Companies’ Doctrine in the Jurisprudence of Indian Arbitration

Apr 03, 2024

Introduction: The ‘Group of Companies’ doctrine provides that an arbitration agreement which is entered into by a company within a group of companies may bind non-signatory affiliates, if the circumstances are such that they demonstrate the mutual intention of the parties to bind both signatories and non-signatories. This doctrine has been questioned purportedly on the ground that it inter...

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Law Commission Proposes Bill Codifying the Law Relating to Trade Secrets

Mar 30, 2024

TRIPS & Intellectual Property: The treaty that internationally governs intellectual property laws is commonly referred to as the ‘TRIPS Agreement’, formally known as the Trade-Related Aspects of Intellectual Property Rights Agreement[1]. TRIPS is comprehensive multi-lateral agreement that lays down the minimum protection requirement of intellectual properties globally. TRIPS identifies...

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Fate of Secured Creditor(s): IBC v. SARFAESI Act

Nov 11, 2022

Introduction The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (“SARFAESI Act”) was brought into effect to regulate the process of recovery of debts through enforcement of security interest, in the event of default by the borrower(s), and to further regulate the securitisation and reconstruction of financial assets of a borrower in ...

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Cyber Defamation In India

Oct 21, 2022

Ever wondered if you could be in trouble because of your opinion, feedback, review, statement, comment and/or post on any social media platform viz. LinkedIn, Facebook, Youtube, etc. By trouble, we mean posting malicious content that can harm the reputation of a person including an entity. This is known and termed as ‘Defamation’, which is an offence under the laws of India and worldwide. The...

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