Arbitration

Section 44(b) of the Arbitration and Conciliation Act, 1996: Roadblock to Pro-Arbitration India?

The article explores the fundamental question of whether enforcement of a foreign award strictly requires the condition under Section 44 to be met. Section 44 deals with the enforcement of foreign awards made by a contracting state to the New York Convention. It further goes on to put an additional layer that the Official Gazette of India must notify the state. The article explores this reservation and its impact on the pro-arbitration stance of India. Continue reading Section 44(b) of the Arbitration and Conciliation Act, 1996: Roadblock to Pro-Arbitration India?

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RMLNLU International Legal Essay Competition

Merger Control In Developing Nations: Is Green Channel Taking India Through The Correct Route?

In this article the authors delve into how merger control is an essential element of competition law and aids in developing and sustaining a fair and healthy economy. The introduction of the Green Channel Route as an automatic mechanism for the approval of combinations is a step in the right direction. However, there are certain issues regarding the implications and implementation of such a procedure. This essay aims to analyse the Green Channel Route vis-a-vis merger control policies and mechanisms used in other developing economies, namely South Africa and Brazil. The implications that the Green Channel route has upon the holistic development of the Indian economy is analysed in light of the incorporation of Public Interest Considerations in South African merger control policy. Further, the essay analyses the fast-track procedure for merger approvals present in Brazilian competition law. It goes on to argue that certain procedural mechanisms present in the Brazilian fast-track procedure may be added to the Green Channel Route in order to increase certainty and accountability. Finally, the essay concludes by offering suggestions as to how these lessons from foreign jurisdictions may be incorporated into the Indian merger control regime. Continue reading Merger Control In Developing Nations: Is Green Channel Taking India Through The Correct Route?

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RMLNLU International Legal Essay Competition

Exploring Anti – Competitiveness in Standard Essential Patents; A Law and Economics Perspective.

In this article the authors delve into that how Patent and Competition Laws often conflict due to their contrasting goals: patent laws encourage innovation through exclusivity, while competition laws ensure market efficiency by preventing monopolistic practices. This tension is particularly evident in the case of Standard Essential Patents (SEPs), which are crucial for technology standards and can lead to market dominance and potential abuse. The recent Delhi High Court ruling that grants exclusive jurisdiction over SEPs to patent laws overlooks the role of competition laws in addressing anti-competitive behavior. This essay critiques the ruling, arguing that the Competition Commission of India (CCI) should also have a role in regulating SEPs to ensure fair competition and consumer protection. The essay advocates for a balanced approach where both patent and competition laws work together to prevent abuses and maintain market fairness, emphasizing that the CCI’s expertise in market regulation is vital for addressing the economic impacts of SEPs. Continue reading Exploring Anti – Competitiveness in Standard Essential Patents; A Law and Economics Perspective.

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RMLNLU International Legal Essay Competition

Call for Entries: 12th RMLNLU-Lakshmikumaran & Sridharan International Legal Essay Writing Competition and Conference on Insolvency Law: Submit by 13 September, 2024.

RMLNLU along with Lakshmikumaran & Sridharan is organising a Legal Essay Writing Competition and Conference on “Insolvency Law”.  Entries for the same are invited from interested law students.   About RMLNLU RMLNLU was established in 2006 to impart quality legal education to students all over the country and to meet emerging challenges in the field of law. RMLNLU is committed to providing excellent infrastructure to … Continue reading Call for Entries: 12th RMLNLU-Lakshmikumaran & Sridharan International Legal Essay Writing Competition and Conference on Insolvency Law: Submit by 13 September, 2024.

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labour law

The Erosion of the Labour Rights of Government Employees in the Name of Constitutional Protections (Part 2)

In this piece, the author aims to emphasise the insufficiency of constitutional safeguards provided to public servants. It argues that special privileges granted under Article 309 do not justify the deprivation of fundamental labour rights. In doing so, the paper highlights the Supreme Court jurisprudence and traces the colonial origins of the privileges. The article further evaluates the concerns by analysing doctrinal ideas of labour law and offers proposals to guarantee fundamental labour rights for government employees. Continue reading The Erosion of the Labour Rights of Government Employees in the Name of Constitutional Protections (Part 2)

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labour law

The Erosion of the Labour Rights of Government Employees in the Name of Constitutional Protections (Part 1)

In this piece, the author aims to emphasise the insufficiency of constitutional safeguards provided to public servants. It argues that special privileges granted under Article 309 do not justify the deprivation of fundamental labour rights. In doing so, the paper highlights the Supreme Court jurisprudence and traces the colonial origins of the privileges. The article further evaluates the concerns by analysing doctrinal ideas of labour law and offers proposals to guarantee fundamental labour rights for government employees. Continue reading The Erosion of the Labour Rights of Government Employees in the Name of Constitutional Protections (Part 1)

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Posts

From the Frying Pan into the Fire- Writ Jurisprudence vis-a-vis Social Media Intermediaries

In this article the author examines the evolving legal landscape surrounding social media platforms. The article focuses on the application of writ jurisprudence—legal principles derived from judicial decisions—to address challenges such as content moderation, user privacy, and intermediary liability. By analyzing judicial interpretations and regulatory frameworks, the article highlights how courts navigate issues related to freedom of expression and governance on social media. It concludes by discussing potential future developments in jurisprudence and regulations that could impact the responsibilities and legal obligations of social media intermediaries. Continue reading From the Frying Pan into the Fire- Writ Jurisprudence vis-a-vis Social Media Intermediaries

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Posts

Call for Papers by RMLNLU Law Review Volume XV (2024-25)

About the Institute Dr. Ram Manohar Lohiya National Law University (RMLNLU) is a public law school and a National Law University located in Lucknow, Uttar Pradesh, India. It was established as Dr. Ram Manohar Lohiya National Law Institute in 2005, and since then, has been providing undergraduate and post-graduate legal education. About the Journal RMLNLU Law Review (‘Journal’) is an annual peer-reviewed journal published by … Continue reading Call for Papers by RMLNLU Law Review Volume XV (2024-25)

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Intellectual Property, Patent

Examining the Complex Discourse Surrounding Local Working Requirements in India’s Patent Code

In this article the author argues the legal validity of Enconcore N.V. v. Anjani Technoplast Ltd. decision as questionable on account of its failure to deliberate over certain essential aspects. This article first, provides a comprehensive analysis of the verdict propounded in Enconcore. Second, it examines the legal positions that the court in Enconcore has overlooked. Third, it delves into the implications of the legal lacunae present in this judgement. Continue reading Examining the Complex Discourse Surrounding Local Working Requirements in India’s Patent Code

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International Criminal Law, International Law

UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

In this article the author argues that UNSC referrals to the ICC perpetuate selective impunity and undermine the ICC’s legitimacy by allowing permanent UNSC members (USA, Russia, China) to shield themselves and their allies from prosecution. This selective application of justice creates a perception of bias and unequal treatment, particularly affecting African nations and leading to increased state withdrawals from the Rome Statute. To address this legitimacy deficit, the article proposes granting universal jurisdiction to the ICC, ensuring that anyone committing atrocities can be prosecuted regardless of their state’s party status, thereby promoting a more egalitarian and credible international justice system. Continue reading UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

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