Band 3
Provided by Neerav Merchant
DISPUTES & ARBITRATION
LEGAL ADVISORY
Neerav Merchant has over 27 years of experience, He became an advocate in India in 1996, and a solicitor in Mumbai in 1999. He began his legal career as a commercial litigator and real property lawyer. In September 2000, he went in-house with GTL Ltd., a leading telecommunication services company. Thereafter, he (briefly) worked as legal counsel at Tata Housing and Development Corporation Ltd. and with the erstwhile Patni Computer Systems Ltd., a leading IT services company in India. Neerav regularly advises foreign (and domestic) clients as regards their India disputes strategies, providing clients a practical, pragmatic, and solutions driven advice, and often acting as co-counsel, or as an expert on Indian law issues at international (disputes or arbitral) forums. Neerav is a highly recommended company/commercial and dispute resolution lawyer.
1. Bar Council of Maharashtra and Goa
2. The Bombay Incorporated Law Society
3. The International Bar Association (IBA)
Provided by Chambers
8 items provided by AQUILAW
AI in Indian Courts – A Slow Start
In the case of Christian Louboutin SAS & Anr. v. M/s The Shoe Boutique – Shutiq, the Delhi High Court asserted that, in its present state of technological development, AI cannot replace human intelligence in the adjudication process.
Twitter HC Ruling: A cautionary tale for Social Media Companies
In the case of X Corp v Union of India, the Karnataka High Court recently dismissed a writ petition filed by Twitter, Inc against certain blocking orders issued to the social media company by the Indian government under Section 69A of the Information Technology Act, 2000.
India’s SC's rules on the maintainability of proceedings against auditors after their resignation
In a recent ruling, India’s SC has held that an enquiry or proceeding against an auditor of a company under Section 140(5) of the Companies Act, 2013 does not terminate upon the resignation of the auditor, and the auditor, if found to have acted in a fraudulent manner, will be sub to penal action.
The need for prudence when including arbitration clauses in agreements
Recently, in the matter of Welspun One Logistics Park Fund v. Mohit Verma, the Delhi High Court (DHC) decided upon the contradictory inclusion of a binding arbitration clause in a non-binding term sheet and upheld the arbitration clause.
Data privacy update: Kaushal Kishor v. State of UP
Last month, the Constitutional Bench of the Supreme Court delivered an important ruling in the matter of Kaushal Kishor v. State of UP. This judgment has delved into the longstanding debate on the horizontality of fundamental rights.
Why it’s important for companies not to ignore India’s anti-corruption laws
Business dealings require interfacing and obtaining approvals from government entities in foreign countries. So as to ensure transparency and fair play, governments the world over have enacted anti-bribery and anti-corruption legislations, many of which are extraterritorial in nature.
Does India’s CP (Identification) Act, 2022 impinge on the privacy of persons accused of a crime?
India’s Identification of Prisoners Act, 1920 permitted the collection of fingerprints, footprint impressions, and photographs of, among others, (i) persons convicted of a crime for which the punishment is one year of rigorous imprisonment; and (ii) persons arrested in connection with such a crime.
An Analysis of India’s Mediation Bill, 2021
Last month, the draft Mediation Bill was tabled in parliament. The Indian government’s attempt to have a standalone mediation law is positive because of the beneficial effect it will have in reducing the backlog of cases in the Indian judicial system.
AI in Indian Courts – A Slow Start
In the case of Christian Louboutin SAS & Anr. v. M/s The Shoe Boutique – Shutiq, the Delhi High Court asserted that, in its present state of technological development, AI cannot replace human intelligence in the adjudication process.
Twitter HC Ruling: A cautionary tale for Social Media Companies
In the case of X Corp v Union of India, the Karnataka High Court recently dismissed a writ petition filed by Twitter, Inc against certain blocking orders issued to the social media company by the Indian government under Section 69A of the Information Technology Act, 2000.
India’s SC's rules on the maintainability of proceedings against auditors after their resignation
In a recent ruling, India’s SC has held that an enquiry or proceeding against an auditor of a company under Section 140(5) of the Companies Act, 2013 does not terminate upon the resignation of the auditor, and the auditor, if found to have acted in a fraudulent manner, will be sub to penal action.
The need for prudence when including arbitration clauses in agreements
Recently, in the matter of Welspun One Logistics Park Fund v. Mohit Verma, the Delhi High Court (DHC) decided upon the contradictory inclusion of a binding arbitration clause in a non-binding term sheet and upheld the arbitration clause.
Data privacy update: Kaushal Kishor v. State of UP
Last month, the Constitutional Bench of the Supreme Court delivered an important ruling in the matter of Kaushal Kishor v. State of UP. This judgment has delved into the longstanding debate on the horizontality of fundamental rights.
Why it’s important for companies not to ignore India’s anti-corruption laws
Business dealings require interfacing and obtaining approvals from government entities in foreign countries. So as to ensure transparency and fair play, governments the world over have enacted anti-bribery and anti-corruption legislations, many of which are extraterritorial in nature.
Does India’s CP (Identification) Act, 2022 impinge on the privacy of persons accused of a crime?
India’s Identification of Prisoners Act, 1920 permitted the collection of fingerprints, footprint impressions, and photographs of, among others, (i) persons convicted of a crime for which the punishment is one year of rigorous imprisonment; and (ii) persons arrested in connection with such a crime.
An Analysis of India’s Mediation Bill, 2021
Last month, the draft Mediation Bill was tabled in parliament. The Indian government’s attempt to have a standalone mediation law is positive because of the beneficial effect it will have in reducing the backlog of cases in the Indian judicial system.