Tesco’s USD10b Sale as Asia’s Biggest 2020 Deal: A Competition Law Perspective
Tesco PLC (“Tesco“) recently announced that it has agreed to sell its businesses in Thailand and Malaysia to Charoen Pokphand (CP) Group entities for a value of USD10.6 billion (“Tesco deal“). However, the Tesco deal in Thailand can only be completed once it has obtained prior clearance from the Trade Competition Commission (“Commission“), Thailand’s competition …
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COVID-19 Pandemic: Insurance Implications
Introduction The COVID-19 Pandemic (“the Pandemic“) still rages unabated in April 2020, affecting lives, businesses, individuals and industries worldwide.
COVID-19: Legal Update for Borrowers/Customers and Banking and Financial Institutions in Malaysia
Introduction In the first quarter of 2020, we have witnessed an unprecedented catastrophe that strikes the global economy. The whole nation is now suffering from COVID-19 pandemic which has taken lives of thousands across the world. This great trepidation that is afflicting all of humankind has simply caused an economic downturn for businesses specifically on …
EU is deluged with statutory fines: Corporates in India behold your raingears!
Sucharita Basu, Partner, AQUILAW Ankit Chhaparia, Associate, AQUILAW Data protection and privacy issues have a major impact on all business and industry sectors, across the globe. Privacy laws are continuously evolving, vary by jurisdiction, and are interpreted unpredictably. Even a well-meaning company can make a false step as it captures, accesses, uses, transfers, and/or …
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The Interpretation of ‘Extraordinary Circumstance’ in Air Passenger Rights in Recent CJEU Case-Law
Flight cancellations and delays are not a novel concept. Luckily, the EU Regulation 261/2004 provides rules and conditions whereby passengers can seek compensation and assistance in cases of cancellation or long delays. The regulation is arguably ambitious, in that it grants the ordinary passenger a set of rights which in turn, imposes legal obligations on …
Arrest of Vessels for unpaid Bunker Supplies in the Gujarat High Court – A Change in the Law
Introduction The recent judgment of Dan Bunkering Pte. Ltd v. Best Excellence Corporation Ltd (Civil Application No.1 of 2019 in Admiralty Suit no.8 of 2019) 21 August 2020 has upturned admiralty law in Gujarat. Those familiar with vessel arrests in India may know that the Gujarat High Court had for over two decades permitted bunker …
Turkish DPA’s Announcement on Cross-Border Data Transfers
Turkish Data Protection Authority (“DPA”) published an announcement in October 26, 2020 regarding cross-border data transfers. The purpose of the announcement seems to be providing a general response and the Turkish DPA’s views to the criticism and feedback received from private sector and academic institutions regarding the difficulties in cross-border data transfers.
GDPR decisions – October 2020
All-time high fine of GBP 20 million imposed on British Airways for data breach The Information Commissioner’s Office (the ICO) has given a penalty notice of GBP 20 million (about EUR 22 million) to British Airways (BA) for infringements of the GDPR in 2018 affecting more than 400,000 of the company’s customers.
Put Options and Enforcement of Foreign Awards in India
Introduction In another instance of the Indian judiciary’s pro-arbitration approach, the Bombay High Court in a recent judgement enforced a SIAC award arising out of a dispute relating to a shareholder agreement. The Court rejected public policy objections to enforcement relating to inadequacy of stamp duty and alleged violations of exchange control regulations.
India’s Embrace of Online Courts
Past attempts by the Indian judiciary to digitise cases have not met with much success. The lockdowns following Covid 19 have given a renewed and urgent impetus for virtual justice in India. Recent virtual hearings by the Bombay High Court during the lock- down period met with universal admiration with clamours that this process become …