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India Business Law Journal

Making sense of markets

Jitters, uncertainty can move stock prices A superstar footballer moves two Coke bottles out of the spotlight during a press conference and replaces them with water, reportedly prompting a USD4 billion drop in Coca-Cola’s market value....
Gender-in-justice,-India-Business-Law-Journal

Gender in justice

Senior women lawyers across Asia share their personal stories of success, strategy, struggle and loss, all towards a more inclusive legal profession. Putro Harnowo reports The legal profession has long been subject to criticism for...
IBC and exclusions from committee of creditors 

IBC and exclusions from committee of creditors 

During the corporate insolvency resolution process (CIRP), the committee of creditors (COC) is the de facto board of the defaulting company. The COC is constituted after collating all the claims on the debtor, and...
HSF’s disputes head joins Bird & Bird 

HSF’s disputes head joins Bird & Bird 

Nicholas Peacock, the former head of the India disputes practice at Herbert Smith Freehills (HSF), has left the firm after 14 years to join Bird & Bird.  Peacock joins the firm as partner and head...
Indian-Law-Firm-Awards-2021-logo

Indian Law Firm Awards 2021

Vandana Chatlani reports India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected. Investments in...
Troubled MSMEs thrown a lifeline with pre-pack resolutions, Satish Anand Sharma and Anshita Gupta, SNG & Partners 

Troubled MSMEs thrown a lifeline with pre-pack resolutions

By Satish Anand Sharma and Anshita Gupta, SNG & Partners 
The long-awaited Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021, (ordinance) has amended the Insolvency and Bankruptcy Code, 2016 (code), with the aim of reviving micro, small and medium enterprises (MSME). The ordinance has inserted...
Indian parties can choose foreign seated arbitrations 

Indian parties can choose foreign seated arbitrations 

The Supreme Court put to rest the contentious issue on foreign-seated arbitration last month in a landmark judgment that brings India in line with international best practices and paves the way for Indian parties...
Guarantees will now better ensure payment of debts, Aditya Vikram Dua and Aniket Sawant, SNG & Partners

Guarantees will ensure better payment of debts for now

By Aditya Vikram Dua and Aniket Sawant, SNG & Partners
It is a common practice for lenders to obtain guarantees for securing financial assistance granted to a borrower entity. The guarantor’s liability crystallises as soon as the borrower defaults on the debt. However, the...
The conundrum of third-party security holders, Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners

The conundrum of third-party security holders

By Satish Anand Sharma and Abhimanyu Chandan Rajguru, SNG & Partners
Much has been said about the obligation of a third-party security provider when a borrower enters the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC). Under a financing transaction,...
Driver’s seat

Driver’s seat

The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed. Akaant KM reports Unprecedented times...

Future legal leaders

India Business Law Journal reveals 50 up-and-coming lawyers who are making a name for themselves in the profession Access The List In a year where leadership has never been a more crucial quality, India Business Law...
Disadvantages faced by MSMEs in insolvency law, Gautam Khurana and Sanjeev Ahuja, India Law Offices

Impact of insolvency and bankruptcy code on MSMEs

By Gautam Khurana and Sanjeev Ahuja, India Law Offices
Micro, small and medium enterprises (MSME) contribute 8% to GDP, employ 106 million, that is 40% of the workforce, produce 45% of manufacturing output and 40% of total exports. While MSMEs play a vital...
India-top-100-lawyers-A-List-2020-cover-image

The A-List 2020

India Business Law Journal reveals the country’s top lawyers and legal icons ACCESS THE A-LIST 2020 Each year, the A-List seeks to recognize India’s most outstanding lawyers. This year required the country’s top lawyers to demonstrate...
Force Majeure

Invocation of force majeure in insolvencies

The doctrine of frustration envisaged in section 56 of the Indian Contract Act, 1872, was recently applied by the National Company Law Tribunal (NCLT) in the case of Suraksha Asset Reconstruction Ltd & Ors...
Freny Patel reports, Vodafone,Indian government

Billions on the line

Vodafone may have won the day after a favourable arbitration result cut off India's claim to massive back taxes, but will this crucial award remain unchallenged when so much more is at stake? Freny...
Fox-Mandal-&-Associates-has-hired-Ramaswamy-Balasubramanian-COO-2

Fox Mandal appoints new COO

Fox Mandal & Associates has hired Ramaswamy Balasubramanian as its new chief operating officer (COO). Balasubramanian will oversee the operations of Fox Mandal and its strategic ambitions. He will also serve as director of infrastructure advisory...
Top-foreign-law-firms-for-India-work---foreign-lawyers-Indian-lawyers-legal-services-legal-advise

A cut above the rest

India Business Law Journal reveals its leading foreign firms for India work. Vandana Chatlani reports Life has changed dramatically, and so, too, the process of law and business. Disruption, doubts, and delays caused by the...
Bollywood

Will Covid spell the end for Bollywood?

By Sajai Singh, J Sagar Associates
“A film is a petrified fountain of thought.” When Jean Cocteau said these words he would not know that much later they would sum up a revolution in the entertainment industry. Bollywood, regional cinema,...
India

Indian Law Firm Awards 2020

The 2021 Indian Law Firm Awards is out. Click here to see "Indian Law Firm Awards 2021" And the winners are ... Rebecca Abraham reports Companies and law firms across India have been grappling with a...
deals

Deals of the Year 2019

India Business Law Journal reveals the most significant deals and disputes of 2019 and the law firms that worked tirelessly to bring them to fruition The best transactions for the past year in India came...
creditors

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Essar Steel India defaulted on repayment obligations to its creditors and in 2017 Standard Chartered Bank (SCB) and State Bank of India filed petitions for financial debt under the Insolvency and Bankruptcy Code, 2016....
insolvency

NBFCs brought under purview of insolvency code

By Anisha Shroff and Sharanya Kundu, Samvad Partners
With the introduction of a codified law on insolvency and bankruptcy processes, restructuring jurisprudence entered a new era. While the new law focused on rehabilitating and restructuring stressed companies, restructuring processes involving financial service...
Essar

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
The long-awaited decision of the Supreme Court in Committee of Creditors of Essar Steel India Limited v Satish Kumar Gupta & Ors case comes as a relief for financial creditors, especially those holding security,...
Hindustan

New GC at Hindustan Coca-Cola Beverages

Preeti Balwani has joined Hindustan Coca-Cola Beverages (HCCB), the bottling arm of Coca-Cola, as its general counsel. Prior to HCCB, Balwani was the general counsel of Kraft Heinz. She now moves to Bengaluru to work...
committee

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
The role of the committee of creditors (CoC) in a corporate insolvency resolution process (CIRP) has increasingly been scrutinized and clarified by various courts and tribunals, including the Supreme Court. There have also been...
amendments

A commercial primer on 2019 amendments to IBC

By Shweta Bharti and Katyani Mahendru, Hammurabi & Solomon
The Insolvency and Bankruptcy Code (Amendment) Act, 2019, seeks to reduce delays in the resolution process because there has been extensive litigation on various aspects of the IBC. A resolution plan can provide for...
Abhishek Dutta, Vineet Shrivastava and Aayushi Agarwal, Aureus Law Partners

Recent amendments to insolvency regulations

By Abhishek Dutta, Vineet Shrivastava and Aayushi Agarwal, Aureus Law Partners
With the introduction of The Insolvency and Bankruptcy Code (Amendment) Bill, 2019, on 24 July 2019 in the Rajya Sabha, the government has sought to amend the Insolvency & Bankruptcy Code, 2016. Earlier, the...
law firms

Leaders of the pack

India Business Law Journal reveals the top international law firms for India-related matters. Vandana Chatlani reports. Five years ago, when Prime Minister Narendra Modi first came to power he was described by former CNN New...
Deccan Chronicle

Many hurdles in Deccan Chronicle insolvency

The legal team that advised on the Deccan Chronicle Holdings insolvency had to contend with multiple issues and challenges. The National Company Law Tribunal (NCLT) approved the resolution plan put forward by SREI Multiple...
Liquidation

Liquidation under IBC

Dear Editor, In the matter of SC Sekaran vs Amit Gupta & Ors, relying on the decisions of the Supreme Court in Swiss Ribbons Pvt Ltd & Anr v Union of India & Ors and...
insolvency

Insolvency code: Judicial trends

By Abhishek Tripathi and Avantika Shukla, Sarthak Advocates & Solicitors
Abhishek Tripathi and Avantika Shukla look at role of adjudicating bodies in IBC's evolution The Insolvency and Bankruptcy Code, 2016 (IBC), is considered to be among the biggest achievements of the National Democratic Alliance (NDA)...
insolvency

Investing through insolvency code

By Sanjay Asher and Nikhil Kaul, Crawford Bayley & Co.
IBC has created opportunities for equity and debt investors alike, write Sanjay Asher and Nikhil Kaul The Insolvency and Bankruptcy Code, 2016 (code), notified by the government of India in May 2016, was in response...
insolvency

Giving creditors their fair share

By Mahesh Agarwal, Agarwal Law Associates
Protecting the interests of operational creditors is key to IBC's success, writes Mahesh Agarwal The preamble of the Insolvency and Bankruptcy Code, 2016 (IBC), lays out the code’s dual objectives of “maximization of value of...
Shweta-Bharti-Hammurabi-&-Solomon

Commercial implications of RBI circular strike-down

By Shweta Bharti, Hammurabi & Solomon
The Supreme Court recently struck down the Reserve Bank of India Circular dated 12 February 2018 (RBI circular), which directed banks to mandatorily initiate corporate insolvency resolution process (CIRP) for defaulting companies with loan...
Top-100-India-focused-legal-experts-outside-the-country

The International A-List 2019

India Business Law Journal reveals the top 100 India-focused legal experts outside the country View the A-List 2019 For more than 20 years the opening of India’s legal market to foreign law firms has been the...
Board meeting procedures clarified

Former directors must be given agenda before creditors meeting

The Supreme Court, while dealing with an issue relating to the Insolvency and Bankruptcy Code, 2016 (IBC), held that former members of the board of directors, being vitally interested in resolution plans that may...
Deals of the year 2018 | India Business Law Journal

Deals of the Year 2018

India Business Law Journal reveals the most important deals and disputes of 2018 and the law firms behind them. Gautam Kagalwala reports Last year mingled pleasure with pain for debt-strapped India, and many of the...
Insolvency and Bankruptcy Code

In sickness & health

Rajiv Choubey explores the evolution of law surrounding insolvency and bankruptcy, and how regulations designed to protect sick companies had been misused until the Insolvency and Bankruptcy Code was enacted Insolvency and Bankruptcy Code 2016 The...
Business Law Journal, letter to the editor

Government’s intervention in IL&FS default

Dear Editor, The government’s intervention in Infrastructure Leasing & Financial Services (IL&FS) is symptomatic of the push and pull motions the government faces in liberalizing its economy. Ideally, a few of IL&FS’ infrastructure focussed subsidiaries...

Extension beyond 270 days: New attempt at resolution

By Aniket Sawant and Medha Unadkat, SNG & Partners
Strict timelines distinguish the Insolvency and Bankruptcy Code, 2016, from previous insolvency regimes. The code prescribes a 180-day period for completion of the corporate insolvency resolution process (CIRP), which can be extended to 270...

Homebuyers’ arsenal adds financial creditor status

By Aditya Vikram Dua and Satish Anand Sharma, SNG & Partners
With the recent amendment in the Insolvency and Bankruptcy Code, 2016 (IBC), effective 6 June 2018, the status of homebuyers who are allottees of a real estate project is raised to financial creditors, enabling...

Recognition of homebuyers: Sympathy without security

By Varsha Banerjee and Juhi Bhambhani, Dhir & Dhir Associates
The fate of homebuyers when a real estate developer (RED) undergoes a corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC), has been intensely deliberated. An amendment of the IBC...
Deepak-Sabharwal,-Deepak-Sabharwal-&-Associates

Changes aim to halt abuse of insolvency proceedings

By Deepak Sabharwal, Deepak Sabharwal & Associates
A rise in high-profile banking frauds led to the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018. The ordinance, effective from 6 June, presses for greater transparency in the corporate insolvency resolution process (CIRP), to...

High fliers

Lawyers from around the world have had a busy year in India working on deals while adhering to the country’s ‘fly-in fly-out’ model. India Business Law Journal reveals the top international firms that are...

Bhushan Steel IBC’s first big win

The legal team advising Tata Steel in its acquisition of Bhushan Steel faced significant challenges while carrying out a limited due diligence on the target. “The due diligence process was very complex, as the information...

Realty sector reality check tempers home buyer news

By Sachin Gupta, Dhir & Dhir Associates
With the coming into force of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, home buyers have finally been recognized as financial creditors, at par with others in the same category. However, a reality...

Stress test

The battle between Vodafone and the government serves as a pressure gauge for the courts in investment treaty disputes. Rebecca Abraham reports on recent developments The collapse of the Dabhol power project in 2001 resulted...
SUBODH-SADANA-and-BHUVAN-ARORA-Advaita-Legal.

Court’s role in insolvency cases

Subodh Sadana and Bhuvan Arora analyse judicial intervention in insolvency resolution The Insolvency and Bankruptcy Code (IBC) has so far travelled a short journey of about 18 months where it has already faced a plethora...
Legal-process-management-software-products-India

Tech savvy

Legal process management software products are becoming indispensable tools for in-house legal teams. Harsh Aggarwal and Roma Arora explain how they work With general counsel now positioned within the highest ranks of company management, there...
India Business Law Journal

A perfect storm

What you see may not be what you get With the country’s banks taking yet another pummelling following the recent unearthing of large scale frauds, it is evident that checks and balances built into the...
corporate-counsel-associations

True colours

Corporate counsel associations portray themselves as friend, adviser and management guide for in-house counsel. But are they delivering the goods? Gautam Kagalwala reports In-house counsel are well aware of the services of corporate counsel associations...
Deals-of-the-Year-2017

Deals of the Year 2017

India Business Law Journal showcases the most significant deals of 2017 and the law firms behind them. Nandini Lakshman reports The overarching theme in India in 2017 was demonetization. It ravaged the economy, slackened the...
India-Capital-market-lawyers

Bull run?

IPOs have returned with a bang, but are they a true indicator of an improved economy? Gautam Kagalwala looks at the reasons for the revival of primary markets and the role of the regulator The...

Circular on anomaly shows goals of code take priority

By Sachin Gupta, Dhir & Dhir Associates
The Insolvency and Bankruptcy Code, 2016 (IBC), implements a “creditor-in-possession” regime that vests decision making powers of the insolvent company with a “committee of creditors” (CoC), astutely recognizing that financial creditors will be better...

The A-List 2017: India’s top 100 lawyers

India Business Law Journal reveals its definitive list of the country’s top private practice lawyers. Rebecca Abraham reports For the second year running India Business Law Journal has put together a list of India’s top...

Law firm billing rates survey 2017

India Business Law Journal’s 2017 billing rates survey finds that hourly rates fall across the board as lawyers face cut-throat competition, undercutting and high demand for alternative fee structures. Vandana Chatlani reports India’s corporate legal...
India Business Law Journal

Weapons of choice

Are there any downsides to differentiating only on fees? “Complete carnage” was how cricketer Ben Stokes described the moment during a bidding war at the Indian Premier League (IPL) auction earlier this year, when a...

Payback time?

The evolution of the Insolvency and Bankruptcy Code is being closely watched by companies, creditors and the government for the part they hope it will play in alleviating the country’s stressed assets problem. Gautam...
Shruti Rajan, Gazal Rawal, Cyril Amarchand Mangaldas, on trading regulations

Compliance issues under insider trading regulations

By Shruti Rajan and Gazal Rawal, Cyril Amarchand Mangaldas
Since the introduction of the new insider trading regime in 2015, India’s securities market has seen a number of changes in terms of processes and controls for transactions and also with regard to routine...
High-level talks helped to secure shipyard IPO

High-level talks helped to secure shipyard IPO

Multiple rounds of top-level discussions were needed to secure an agreement on terms for Cochin Shipyard’s initial public offering (IPO), according to a lawyer at the law firm acting as international counsel to the...
Top international law firms India 2017

Global stars

With India back in the limelight, and now the world’s fastest growing major economy, we reveal the top international law firms for India-related work. Vandana Chatlani reports The past 12 months have been a roller-coaster...
Puja Sondhi Aayush Kapoor, Aakanksha Dalal, Shardul Amarchand Mangaldas

Practical implications of trading window closure

By Puja Sondhi, Aayush Kapoor and Aakanksha Dalal, Shardul Amarchand Mangaldas
The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (PIT Regulations), restrict “insiders” from dealing in listed (or to-be-listed) securities when in possession of unpublished price sensitive information (UPSI). Any...

Sun, sand and support for in-house lawyers

More that 40 in-house lawyers, including heads of legal teams, attended a four-day conclave from 2 February to 5 February organized by the Indian Corporate Counsel Association (ICCA). They included Mohit Shukla, managing director...
Atul Dua and Anuradha No internet connectivity on planes over Indian airspace

No internet connectivity on planes over Indian airspace

By Atul Dua and Anuradha, Seth Dua & Associates
Each time you board an aircraft to fly in India or even overfly the country, you are journeying back in time. An iron curtain prohibits flyers in Indian airspace from enjoying Wi-Fi connectivity. While...
PM DEVAIAH Ease of doing business: myth or battle cry?

Ease of doing business: myth or battle cry?

Centre-state differences undermine efforts to present India as a favourable commercial destination, argues PM Devaiah While the great Indian juggernaut of liberalization chugs along, the never ending debate on improving the ease of doing business continues...
India Business Law Journal

Look before you leap

Every policy tweak can be expected to have an equal, and often opposite, reaction This truism, which has its roots in Isaac Newton’s principles of motion published over 300 years ago, is arguably at the...
the Indian Corporate Counsel Association (ICCA) General Counsel Conclave

Sun, sand and networking for GCs

More than 40 in-house lawyers, including heads of legal teams, attended a four day conclave from 2 February to 5 February organized by the Indian Corporate Counsel Association (ICCA). They included Mohit Shukla, managing director...
India’s business and legal climate 2017

India in 2017

Four in-house counsel, a mediation specialist and partners at three law firms share their views on the developments that are likely to shape India’s business and legal climate in the coming year. Privacy, data protection and...
India Business Law Journal

In pursuit of parity

This age-old question is being answered yet again in the new Bollywood blockbuster Dangal, which tells a tale – inspired by real people and events – of sporting achievement by four girls who emerge...

The A-List : India’s top 100 lawyers

India Business Law Journal teamed up with the Indian Corporate Counsel Association to compile a definitive list of the country’s leading private practice lawyers. Rebecca Abraham reports Access The A-List What does it take to be one...
India Business Law Journal

Marking excellence

A great orator, outstanding scholar and humanist par excellence The phrases above have been used to describe the legendary Nani Palkhivala, a giant of the Indian legal profession who has left an indelible mark on...

Blazing a trail

The Indian Corporate Counsel Association pays tribute to the leading lights of India’s in-house legal community in its new book, Trailblazers, writes Vandana Chatlani Not long ago, India’s in-house lawyers were the legal community’s forgotten children;...

E-commerce valuations: To invest or not to invest?

By Natashaa Shroff, Shardul Amarchand Mangaldas & Co
In recent years, India has seen startups mushroom in the e-commerce sector. Boosted by cheaper data and penetration of smartphones to more households, mobile users today have greater access to e-commerce portals. The rapid...

Flipkart’s Sharma trades GC role for farming

Rajinder Sharma resigned from Flipkart at the end of July, after serving as its general counsel for 11 months. Sharma had signed a contract to work with the company for a minimum of two...

Samara purchases Adcock’s India unit

South African pharmaceutical manufacturer Adcock Ingram has signed a share purchase agreement to sell its marketing and sales operation in India – Adcock Ingram Healthcare – to private equity firm Samara Capital Partners Fund...

Roadblocks to banking amalgamations in India

By Jay Parikh and Aastha Khurana, Shardul Amarchand Mangaldas & Co
The cut-throat competition in India’s banking industry, together with the cocktail of systemic difficulties that the industry faces, present stiff challenges to stabilized and sustained growth. The issues being faced by the banking industry...

The India Diaries

India Business Law Journal indulges in a little festive fun and asks 15 foreign lawyers to reveal what they love and and don’t love about India and to recount their most memorable experiences in the country By Vandana Chatlani India’s legal...

Deals of the Year 2015

India Business Law Journal showcases the most significant deals and disputes of 2015 and the legal advisers who guided them By Nandini Lakshman India saw more market activity in 2015 than in 2014 but choppy global markets...

Globetrotting

Intrepid Indian law firms are setting up offices overseas. What are the practicalities, perks and perils of such ventures? Vandana Chatlani investigates As Indian businesses become more global in their outlook and operations, forward-looking Indian law...

Tech talk

Many Indian law firms are grappling with the introduction of practice management systems. Vandana Chatlani talks to some about their successes and failures All but the newest Indian law firms have come a long way since...

Slogans/taglines: Sure shot way to advertising success?

By Manisha Singh and Raashi Jain, LexOrbis
In today’s competitive world, companies continuously try to come up with unique advertisements to promote and create awareness of their goods and services. Advertising in India, a country with so much diversity, is particularly...

A triumph of price over quality?

How the government selects law firms for infrastructure Projects. By Vandana Chatlani The Indian government is often described by infrastructure lawyers as a poor paymaster. In line with its lowest bidder wins (L1) policy, it tends...

Altacit Global opens in Cochin

Boutique law firm Altacit Global has celebrated its 12th anniversary with an office opening in Cochin. This is the firm’s fifth office after Chennai, Bangalore, Coimbatore and Hyderabad, marking its presence in all the...

Riding the boom

As Bangalore continues to draw in investors, how has the city’s legal market evolved to keep up with the needs of companies based there? Rebecca Abraham reports from Bangalore Bangalore has long been recognized as India’s...

In search of synergy

As two well-known intellectual property law firms merge, Rebecca Abraham asks what clients should expect In 2013, six lawyers who appear before Delhi High Court were designated as senior advocates, five of them in February...

Taking stock

Indian lawyers reflect on the challenges facing the legal profession.  Vandana Chatlani reports Brothers Shardul and Cyril Shroff, the managing partners of Amarchand Mangaldas have been engaged in mediation since November in an effort to resolve...

Comparative advertising in the UK: Do’s and don’ts

By James Touzel, TLT LLP
Comparative advertising is a well-known and long-standing marketing tool in the UK, as it is in India and many other countries around the world. It allows companies to compare their products with a competitor,...

Shutting up shop

Mired in a tax dispute and hamstrung by labour laws, the plight of Nokia’s plant near Chennai highlights the perils and complexities of closing a factory in India. Vandana Chatlani reports It was a shining example...
india business law journal, deals of the year 2014

Deals of the Year 2014

India Business Law Journal showcases the most significant deals and disputes of 2014 and the legal advisers who guided them. Nandini Lakshman reports Over the past 12 months, traffic increased substantially on the Indian deal street....

Bright ideas

In-house counsel from leading companies trade tips on IP protection and discuss the structures, systems and safeguards required for a successful IP strategy in India Narendra Modi’s government vowed in September to draw up a...

Escorts’ Ramaswamy becomes ICCA president

The Indian Corporate Counsel Association (ICCA) has appointed S Ramaswamy, the vice president and group general counsel of Escorts, as its new president. Ramaswamy takes over from former president Girish Gokhale. Ashok Sharma, ICCA’s...

Desperate measures

As high levels of corporate debt trigger a wave of divestments, Nandini Lakshman explores the challenges of selling assets in troubled times Indian companies are on an asset shedding spree. Suzlon Energy, India’s largest wind...
India Business Law Journal

A promising beginning

Providing maximum governance with minimum government may sound too good to be true Yet as the recent Indian election has shown, a bold vision combined with the right amount of determination and drive can produce...
India Business Law Journal

Is India at a tipping point?

Long years ago we made a tryst with destiny ... Powerful oratory from India’s first prime minister, Jawaharlal Nehru, in a speech made on the eve of India’s independence, when he famously said India was...

Picking an IP lawyer

Practitioners and in-house counsel share their insights on India’s IP professionals and how to choose among them. James Burden reports Choices over which intellectual property (IP) lawyers to engage in different jurisdictions are among the...

Hershey India faces biodiversity trial

The chief judicial magistrate for the Raisen district of Madhya Pradesh (MP) has ordered five Hershey executives to attend a hearing in April following allegations that the company has violated India’s Biological Diversity Act,...

Confusing messages

India’s advertising regulations are disjointed and disparate. Companies looking to play safe may find that self-regulation is the best route to compliance. Ish Bali of Coca-Cola India explains The legal and regulatory framework for advertising is...

Medical negligence: A landmark judgment

By Rachna Bharadwaj, Krishna & Saurastri Associates
Awareness about patients’ rights is growing in India. This trend is clearly discernible in the recent spurt in litigation concerning the liability of medical professionals and the medical establishment. The Supreme Court judgment in...

Injecting competition

Acquiring pharmaceutical companies in India is increasingly sensitive. Rebecca Abraham gets under the skin of Mylan’s recent acquisition of Agila Specialties On 5 December 2013, in a US$1.6 billion transaction, Mylan, a leading US-based generics...

A case for reform

Progressive and pragmatic regulations and quick regulatory action are the need of the hour, argues PM Devaiah of Everstone Capital Advisors Buoyancy in corporate India is apparent. Attempts are being made to rejuvenate the economy by...

Deals of the Year 2013

India Business Law Journal identifies and analyses the standout deals and disputes of 2013 and reveals the lawyers who guided them. By Nandini Lakshman The past year was one of the worst for the Indian economy...

Calling the shot

As general counsel move closer to the centre of power in Indian companies, their clout over law firms is increasing. What does this mean for the legal profession?Rebecca Abraham finds out In 2008, in a book provocatively...
India Business Law Journal

The end of business as usual

While 2013 was a year of deadlock and inertia, 2014 is likely to see movement on many fronts It is increasingly likely that that the inactivity of recent months will not last much longer. For...

Tata Sky takes Turner legal head

Tata Sky, a joint venture between Tata Sons and 21st Century Fox, has appointed Himavat Chaudhuri as its chief legal and regulatory affairs officer. Chaudhuri, who is a member of India Business Law Journal’s...

Survey of law firm billing rates 2013

Alternative patterns rival hourly billing as legal fees escalate. Vandana Chatlani reports The rupee’s tumultuous journey over the past few months may have upset deal-making in corporate India but, luckily for the country’s lawyers, currency woes...

Lall & Sethi adopts new structure

Delhi-based IP boutique Lall & Sethi – a sole proprietorship under Chander Lall since it was launched in 1993 – has become a partnership. Raghav Malik, Jyotideep Kaur and Tia Malik, senior associates with the...

Top honours for women lawyers

Delhi-based lawyers Pallavi Shroff and Madhurima Mukherjee have been recognized as among the 33 Most Powerful Women in Indian Business 2013 by Business Today. Shroff is head of the competition law practice at Amarchand...

Sui generis system needed for trade secret protection

By Manoj K Singh, Singh & Associates, Advocates & Solicitors
In today’s era of globalization, companies use patent, copyright, design and trademark laws to protect their intellectual property (IP). These laws provide developed and efficient ways to protect IP. Due to the increasing demand...

Keeping a steady hand

Ish Bali, director of legal at Coca-Cola India, explains how it is possible to run a tight ship with help from your larger family By Rebecca Abraham The complexities of doing business in India, combined with...
India Business Law Journal

Memories of a bygone era

There is a sense of déjà vu as the rupee continues its downward march Alittle over 22 years ago an alarming drop in the rupee forced India to move away from 44 years of self-reliance....

Showing trademark in film not equal to trademark use

By Sneha Jain, Saikrishna & Associates
In what is probably one of the first intellectual property matters heard by the principal district judge of North Goa, the court declined to grant an injunction in favour of Murphy Enterprises, which had...

Meet the experts

India Business Law Journal introduces 50 Indian law firms that international IP owners and their legal advisers should know about Rebecca Abraham reports The increasing complexity of intellectual property (IP) jurisprudence and the rising cost of...

Reimbursements outside the reach of service tax

By Ranjeet Mahtani and Stella Joseph, Economic Laws Practice
With revenue authorities pushing to garner greater taxes, Delhi High Court, in its recent decision in Intercontinental Consultants and Technocrats Pvt Ltd v Union of India & Anr, has ruled that taxing reimbursements for...

A rich tapestry

50+ small and mid-size Indian law firms you should know about By Rebecca Abraham Four years of working with tight budgets have made in-house counsel at companies both inside and outside India acutely aware of the...

India in 2013

Legal practitioners and in-house counsel share some of their predictions for the year ahead Bhavna Thakur, director, capital markets origination equities, Citigroup Global Markets India: For the Indian economy and capital markets, 2012 has been...

Slot charter should benefit under tonnage tax scheme

By Ranjeet Mahtani and Stella Joseph, Economic Laws Practice
The tonnage tax scheme was introduced in 2004 through chapter XII-G of the Income Tax Act, 1961, to provide incentives for the shipping industry. The scheme allows Indian shipping companies to compute corporate income...

New council for Indo-American Chamber

The Indo-American Chamber of Commerce (IACC) has elected Shourya Mandal, a partner at Fox Mandal, as its president for 2012-13. Mandal takes over from Anand Desai, the managing partner at DSK Legal. The IACC aims...
Business Law Journal, letter to the editor

A market not to be be ignored

Dear Editor, I read with interest the article regarding legal services and investment prospects in Kochi and Ernakulam titled Waiting for its moment, written by Rebecca Abraham in the October 2012 issue of India Business...

Survey of law firm billing rates 2012

How much should you be paying for legal advice in India? Vandana Chatlani finds out Five years ago, Ashok Sharma, now president of the Indian Corporate Counsel Association, welcomed India Business Law Journal’s initiative to publish...

Waiting for its moment

Investment prospects are improving in southern state of Kerala, but are local law firms rising to the challenge of providing the sophisticated services that investors demand? Rebecca Abraham reports In September, the twin cities of Kochi...