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    General Newsletter, May 2025
    2025-05-08

    1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, White Collar Crime, DSK Legal, Corporate governance, Know your customer, Blockchain, Advertising, Fintech, Due diligence, Non-disclosure agreement, Tariffs, ESG, Litigation funding, Gaming, Cybersecurity, Anti-money laundering, Data privacy, Esports, Reserve Bank of India, Securities and Exchange Board of India, Unilever, Singapore International Arbitration Centre, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Rights of Persons with Disabilities Act 2016 (India), Supreme Court of India, Court of Arbitration for Sport
    Location:
    India
    Firm:
    DSK Legal
    Go Air Insolvency in India: A Comprehensive Examination
    2025-02-24

    Introduction

    Established in 2005 by the Wadia Group, Go Air, later rebranded as Go First, entered the Indian aviation sector as a low-cost carrier, aiming to provide affordable air travel to the rapidly expanding middle class. The airline was built on a business model that focused on operational efficiency, a streamlined fleet, and competitive pricing. However, despite its early success, Go Air faced mounting financial difficulties that ultimately led to its insolvency.

    Filed under:
    India, Arbitration & ADR, Aviation, Insolvency & Restructuring, Litigation, PSL Advocates & Solicitors, Insolvency, Singapore International Arbitration Centre, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Himesh Thakur , Fazl Askari , Vaibhav Mishra
    Location:
    India
    Firm:
    PSL Advocates & Solicitors
    Melding Oil and Water: SIAC Consults on Draft Insolvency Arbitration Protocol
    2025-02-13

    Introduction

    Insolvency and arbitration traditionally do not mix well, as they embody somewhat contrasting legal policies. The Singapore Court of Appeal highlighted in Larsen Oil and Gas Pte Ltd v Petroprod Ltd (in official liquidation in the Cayman Islands and in compulsory liquidation in Singapore) [2011] 3 SLR 414 that:

    Filed under:
    Singapore, Arbitration & ADR, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Mediation, Insolvency, Singapore International Arbitration Centre, Singapore High Court
    Authors:
    Kelvin Poon SC , Avinash Vinayak Pradhan , Divyesh Menon , Sim Kwan Kiat , Sheila Ng , Raelene Pereira
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Between the lines- June, 2023
    2023-06-23

    June, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ Supreme Court: Secured creditor not categorized as either financial creditor or operational creditor is entitled to retain security interest in pledged shares. * Supreme Court upholds the constitutional validity of Section 140(5) of the Companies Act, 2013, which inter alia imposes statutory bar on the auditor(s) for a period of five years. * NCLAT upholds the insolvency proceedings against Go First.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Planning, Vaish Associates Advocates, Singapore International Arbitration Centre, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Arbitration of insolvency disputes: The View from the Australian courts
    2023-05-23

    Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in accordance with pre-existing arbitration agreements. In particular, the decisions address the following two key issues:

    • when certain insolvency claims can be arbitrated; and
    • when a third party can participate in arbitral proceedings either claiming or defending ‘through or under’ a party to the arbitration agreement.

    Key takeaways

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Singapore International Arbitration Centre, Australian Centre for International Commercial Arbitration, Commercial Arbitration Act 2006 (Australia), International Arbitration Act 1974 (Australia)
    Authors:
    Inigo Kwan-Parsons , Leon Chung , Guillermo García-Perrote
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Between the lines- October 2021
    2021-10-26

    Between the lines... For Private Circulation-Educational & Information purpose only Vaish Associates Advocates… Distinct. By Experience. I. Supreme Court: Once the resolution plan is approved by the Committee of Creditors and submitted to the Adjudicating Authority, a successful resolution applicant cannot withdraw or modify the resolution plan The Hon’ble Supreme Court (“SC”) has held in its judgment dated September 13, 2021, in the matter of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited and Another (Civil Appeal No.

    Filed under:
    India, Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Due diligence, Coronavirus, Singapore International Arbitration Centre, Supreme Court of India
    Location:
    India, Singapore
    Firm:
    Vaish Associates Advocates
    2020 Energy Year in Review
    2021-04-30

    Dear Clients and Friends,

    In 2020, domestic and international energy markets were challenged by a worldwide pandemic and its effect on commodity prices, which accelerated disruptions in supply chains and impacted the energy transition in countries around the world.

    Filed under:
    European Union, Global, Singapore, USA, Texas, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Projects & Procurement, Public, Akin Gump Strauss Hauer & Feld LLP, Private equity, Supply chain, Mediation, ESG, Coronavirus, FERC, Singapore International Arbitration Centre
    Location:
    European Union, Global, Singapore, USA
    Firm:
    Akin Gump Strauss Hauer & Feld LLP
    A matter of trust: Australian court enforces interium measures to secure the amount in dispute
    2020-05-20

    A recent judgment of the Supreme Court of Western Australia, Dalian Huarui Heavy Industry International Company Ltd v Clyde & Co Australia [2020] WASC 132 (available here), demonstrates that the use of interim measures to provide security for an amount in dispute can be a very powerful remedy when structured through the creation of a trust.

    Filed under:
    Australia, Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Singapore International Arbitration Centre, Corporations Act 2001 (Australia)
    Authors:
    Brenda Horrigan , Chad Catterwell
    Location:
    Australia, Singapore
    Firm:
    Herbert Smith Freehills LLP
    Focus on Litigation and Dispute Resolution
    2020-05-13

    The enhanced community quarantine (ECQ), declared over many areas in the Philippines, including the island of Luzon where the National Capital Region is located, has caused significant business disruption. [1] As in other jurisdictions, there are concerns that the country will see a rise in contract disputes and foreclosures, and even businesses invoking laws on suspension of payments, rehabilitati

    Filed under:
    Philippines, Arbitration & ADR, Insolvency & Restructuring, Litigation, SyCip Salazar Hernandez & Gatmaitan, Force majeure, Coronavirus, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre
    Authors:
    Ricardo Ma. P.G. Ongkiko , Ma Patricia B. Paz-Jacoba
    Location:
    Philippines
    Firm:
    SyCip Salazar Hernandez & Gatmaitan

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