Publications

ARBITRATION UPDATE: MADRAS HIGH COURT RECOGNISES CRYPTOCURRENCY AS PROPERTY

ARBITRATION UPDATE: MADRAS HIGH COURT RECOGNISES CRYPTOCURRENCY AS PROPERTY

In a landmark judgment delivered by the Hon’ble Madras High Court in Rhutikumari v. Zanmai Labs Pvt. Ltd. & Ors., the Court recognized cryptocurrencies as ‘property’ under Indian law, capable of being held in trust and protected via interim measures. This decision, arising from a Section 9 application under the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), addresses the fallout from a 2024 cyberattack on the WazirX crypto exchange. It clarifies the fiduciary nature of user-exchange relationships and limits the extraterritorial application of foreign restructuring schemes, drawing on principles from global precedents on digital assets. The ruling resolves ambiguities in crypto’s legal status amid India’s evolving regulatory landscape.

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GDPR INJUNCTIONS: HAS THE CJEU CLOSED THE DOOR OR OPENED THE FLOOR?

GDPR INJUNCTIONS: HAS THE CJEU CLOSED THE DOOR OR OPENED THE FLOOR?

Under the GDPR, is there a possibility for a data subject to request that the controller be prohibited from further unlawful processing in the future? How does the controller’s liability for damages arise in such a case? These are the questions addressed by the Court of Justice of the European Union in the Quirin Privatbank case, which we analyse below.
Smartlegal Schmidt&Partners reports from Hungary:

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CJEU RULING SHEDS LIGHT ON PSEUDONYMISED DATA AND PERSONAL DATA CONCEPT

CJEU RULING SHEDS LIGHT ON PSEUDONYMISED DATA AND PERSONAL DATA CONCEPT

In its recent judgement, the Court of Justice of the European Union (CJEU) examined three crucial aspects under legal framework of EU data protection: (i) whether an individual’s opinions can constitute personal data, (ii) whether pseudonymised data transmitted to a third party may still qualify as personal data, and (iii) the scope of a controller’s obligation to inform data subjects about recipients at the time of data collection. In this article, we have summarized the most important points of the judgement.

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Litigation Update: Bombay HC Strikes Down Arbitrary Slum Acquisition

This case concerns a recent decision dated 14 October 2025 by the Bombay High Court in the case of NESCO Ltd. v. State of Maharashtra & Ors., wherein Justices G.S. Kulkarni and Aarti Sathe set aside the State’s acquisition of NESCO’s private land in Goregaon (East) under Section 14 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (“Slum Act”). The Hon’ble Court held the acquisition arbitrary and unconstitutional, reaffirming that a private landowner has a preferential statutory right to redevelop its slum-affected land and cannot be dispossessed unless that right is first exhausted.

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RBI UPDATE | ECB FRAMEWORK LIBERALIZATION AND M&A FINANCING PROPOSALS

RBI UPDATE | ECB FRAMEWORK LIBERALIZATION AND M&A FINANCING PROPOSALS

The Reserve Bank of India (RBI) has proposed comprehensive liberalizations to the external commercial borrowing (ECB) framework through the Draft Foreign Exchange Management (Borrowing and Lending) Amendment Regulations, 2025, (Draft Regulations) aimed at enhancing overseas funding access for Indian entities by removing cost caps, expanding eligibility, and aligning limits with financial strength. In parallel, during its recent bi-monthly monetary policy review, the RBI announced a draft framework proposing to enable domestic banks to underwrite mergers and acquisitions (M&As) financing for Indian corporates, addressing prior regulatory constraints that favoured foreign lenders.

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LITIGATION UPDATE I SUPREME COURT CLARIFIES LIMITATION LAW FOR POSSESSION SUITS BASED ON VOID SALE DEEDS

LITIGATION UPDATE I SUPREME COURT CLARIFIES LIMITATION LAW FOR POSSESSION SUITS BASED ON VOID SALE DEEDS

The Supreme Court of India in Shanti Devi v. Jagan Devi & Ors. (2025 SCC OnLine SC 1961) has clarified that when a property ownership dispute arises from a sale deed that is void ab initio, the lawful owner can file for possession within twelve years under Article 65 of the Limitation Act. The ruling distinguishes void from voidable documents, streamlining the remedy for owners whose property rights are threatened by fraudulent transfers and reinforcing robust legal protection for genuine titleholders.

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GREEN LIGHT: HAS THE CJEU REALLY SECURED GDPR DATA TRANSFERS TO THE U.S.?

GREEN LIGHT: HAS THE CJEU REALLY SECURED GDPR DATA TRANSFERS TO THE U.S.?

Transatlantic data exchanges are projected to form the foundation of over $1 trillion in yearly trade and investment for multinational companies. Despite its lucrative potential, there has been a long-standing legal tennis match in relation to the legal basis of data transfers to the U.S. and the third set has been played. In this article we analyse the decision of the General Court in the Latombe v Commision case.
Smartlegal Schmidt&Partners reports from Hungary:

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Practical Guide to Navigating the Licensing Process: Legal Requirements – Procedures for Operating a Business in Turkey

Practical Guide to Navigating the Licensing Process: Legal Requirements – Procedures for Operating a Business in Turkey

Starting a business in Turkey requires securing the appropriate licenses and permits based on the business’s legal structure, sector, and location. All businesses must fulfill general requirements such as trade registry, tax registration, and municipal workplace licensing. Sector-specific activities – like food, healthcare, tourism, construction, and Telecom – require additional approvals from relevant ministries. Businesses in Free Zones, OIZs, or Technoparks benefit from incentives but must comply with specialized regulations. Ongoing compliance, timely renewals, and accurate reporting are essential to avoid legal risks. Practical challenges such as bureaucratic delays, zoning restrictions, and legal updates make professional legal support crucial. Bıçak Law Firm provides comprehensive legal assistance at every stage of the licensing and compliance process, ensuring businesses operate lawfully and efficiently in Turkey.

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COMPANY LAW UPDATE: FAST TRACK MERGER AMENDMENTS

COMPANY LAW UPDATE: FAST TRACK MERGER AMENDMENTS

The Ministry of Corporate Affairs (MCA), by notification G.S.R. 603(E) dated 4th September 2025, has introduced the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2025. These rules expand the ambit of fast-track mergers under Section 233 of the Companies Act, 2013. The reform is intended to ease restructuring, reduce dependence on the National Company Law Tribunal (NCLT), and shift simpler schemes to an administrative route through the Regional Director (RD).
For more details, please click here.

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UNLAWFUL FLAT OCCUPIERS AND CROSS-BORDER LAWSUITS: WHAT THE CJEU SAYS?

UNLAWFUL FLAT OCCUPIERS AND CROSS-BORDER LAWSUITS: WHAT THE CJEU SAYS?

Do the courts of the Member State where the unlawfully occupied housing is situated have exclusive jurisdiction over claims for compensation for the non-contractual use of a real property? Can such compensation be regarded as a matter relating to tort? Can an occupant residing in a different Member State than the other occupants be sued together with them as anchor defendants? To know the answers, read our article which analyses a fresh judgment of the CJEU.

Smartlegal Schmidt&Partners reports from Hungary:

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