THE “HAPPY DYNAMIC” CASE: SUPERIOR COURT OF JUSTICE’S ANALYSIS ON A FOREIGN ARBITRATION AWARD PROVIDED IN A MARITIME CONTRACT
INTRODUCTION The use of arbitration to solve international disputes is well consolidated in the shipping and trade sectors. Arbitration clauses are commonly used in international maritime contracts, in harmony with the practice and customs of maritime trade.
Court pulls up petitioner for making false claims
Cattle Remedies (Cattle), registered proprietor of the mark UTEROTONE had filed rectification proceedings before the Intellectual Property Appellate Board (IPAB) for removal of the mark UTROTON in the name of Nishi Gupta (Nishi). IPAB ruled in favour of Cattle, and cancelled Nishi’s registration for UTROTON.
Cybersecurity Laws in India: Is It Time for a Regime Change?
Introduction Given the expansive range of India’s software infrastructure, India is also prone to the highest number of cybersecurity incidents. In 2021 alone, these incidents ranged from the unauthorised access and dissemination of the personal data of about 4.5 million customers of a top Indian airline company[1] to the leakage of approximately 180 million users’ …
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Artificial Intelligence in the Medical Field – Dr. Paul Micallef Grimaud
In the third episode of the “Ganado Meets Tech” podcast, Ganado Advocates’ IP/TMT partner Paul Micallef Grimaud, met with consultant nuclear medicine physician, Dr. Andrew Mallia, Professor Alexiei Dingli – University of Malta Senior Lecturer of Artificial Intelligence and entrepreneur and lawyer Dr. Gege Gatt to look at how AI is positively impacting the health sector and providing …
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Turkey Introduces New Methods for Identity Verification in the Electronic Communications Sector
The Regulation on Verification Process of the Applicant’s Identity in the Electronic Communications Sector (“Regulation”) was published on the Official Gazette of June 26, 2021 and will enter into force on December 31, 2021.[1]
NPPA CAPS TRADE MARGIN FOR SIX ESSENTIAL MEDICAL DEVICES
The National Pharmaceuticals Pricing Authority (NPPA) invoked its extraordinary powers under Paragraph 19 of the Drugs (Prices Control) Order, 2013 (DPCO), to put a cap on the trade margin of the following medical devices — oxygen concentrators, pulse oximeters, glucometers, BP monitors, nebulizers and digital thermometers with an aim to make these medical devices affordable …
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Revaluation of Immovables within the scope of Law No. 7326
Law No. 7326 on the Restructuring of Certain Receivables and Amendments to Certain Laws (“Law No. 7326”) entered into force by being published in the Official Gazette dated 9 June 2021. In Law No. 7326, provisions regarding (i) the restructuring of finalized tax receivables, (ii) tax receivables that are not finalized or are in litigation, …
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The Carrier’s Right of Retention on Goods
Introduction Arising from the contract of carriage, the legislator has prescribed a right of retention on cargo by the carrier in order to secure the carrier’s receivables. Although the carrier’s right of retention is subject to separate regulations within the scope of Turkish Commercial Code numbered 6102 (“TCC”) in terms of land transport and sea …
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Competition Law Concerns Regarding Human Resources Practices
Introduction Pursuant to Article 2 of the Law on Protection of Competition (“Law No. 4054”), “all agreements, decisions and practices that prevent, distort or restrict competition between any undertakings operating in, or affecting markets for, goods and services within the borders of the Republic of Turkey; abuse of dominance by dominant undertakings in the market; …
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Regulation Models for Third Party Funding in Investment Arbitration – Part I
Introduction The United Nations Commission on International Trade Law (“UNCITRAL”) Secretariat published the Draft Provisions on Third-Party Funding (“TPF”) in Investor State Dispute Settlement (“ISDS”).[1] The Draft Provisions give an insight of host states’ long-lasting concerns on the influence of the TPF[2] in treaty-based arbitrations.[3] It is argued by some states that TPF is used …
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