Articles and Updates

• Phoenix Legal - 08-12-2019

Technological innovation and internet growth have highly affected trade relations, production processes and products, as well as the company organization. The digital economy moves along two perspectives: dematerialization of activities and fragmentation of economic functions, assets and risks, thus excluding permanent establishment. Because of these peculiarities, the digital economy poses significant problems for taxation schemes, in particular as for the qualification of the values to be taxed and their territorial location. Google seems to be winning the popularity contest in tax litigation around the globe.

• Vasanth Rajasekaran and Reshma Ravipati - 05-12-2019

In an attempt to vitiate the negative effects of some archaic provisions governing arbitrations in India, the Parliament of India had introduced the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment).

• Saket Shukla and Akshay Sachthey - 05-12-2019

India's rank on the World Bank's Ease of Doing Business (EoDB) index has improved considerably over the last few years. We are now 63 of 190 countries. The PM's target is even more ambitious and he is working zealously to break the top 50. Admirable as the objective may be, it is worth considering why India continues to be perceived as an overregulated business environment.

• Vasanth Rajasekaran and Reshma Ravipati - 05-12-2019

In an attempt to vitiate the negative effects of some archaic provisions governing arbitrations in India, the Parliament of India had introduced the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment). Among other things, the 2015 Amendment sought to minimise interference of courts in the arbitral process, and for speedy resolution of disputes which go to arbitration. In Section 26 of this 2015 Amendment, it is clarified that amended provisions shall not apply to arbitral proceedings commenced prior to 23 October 2015 (cut-off date) i.e., the date of commencement of the 2015 Amendment. However, the applicability of amended provisions to court proceedings, in relation to arbitral proceedings which commenced before the cut-off date, was unclear.

• Saket Shukla and Akshay Sachthey - 27-11-2019

Ease of Doing Business for MSMEs: EoDB rankings are primarily based on data in Mumbai and Delhi. This may not be representative of how business is done in other cities.