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Trilegal, Khaitan assist India leg of Veolia-Suez merger

Trilegal, Khaitan assist India leg of Veolia-Suez merger

Trilegal advised France-based resource management group Veolia Environnement when India’s antitrust regulator approved its proposed acquisition of a stake in like-minded French multinational Suez, in a deal that values the latter at about USD14.5...

The A-List 2021

India’s top lawyers and legal icons Access the A-List 2021 What a year it’s been for India’s legal profession. Following the pandemic-induced paralysis of 2020, business and finance roared back to life in 2021. M&A deals...
Startups-find-greater-protection-through-patent-applications-L

Startups find greater protection through patent applications

By DPS Parmar, LexOrbis
Startups are risky by nature and it is vital that they protect their ideas to gain investors’ confidence. It is not money but innovation that drives successful ventures. The life of an unprotected innovation...
AgustaWestland ban revoked, Freny Patel

AgustaWestland ban revoked

By Freny Patel
India lifted a ban in early November on defence supplier AgustaWestland and its Italian parent company, Leonardo, paving the way for the companies to participate and bid in ongoing projects and upcoming defence contracts. The...
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Government enables FDI support for self-reliance

By Neha Sinha and Radhika Malpani, L&L Partners
In May 2020, the prime minister inaugurated Atmanirbhar Bharat or self-reliant India programme (ANB), and announced various economic packages to boost the economy. The main aim of ANB is to make India a global...
Justin-Bharucha,-Sneha-Jaisingh

Do shareholder activists face barriers to calling meetings?

By Justin Bharucha & Sneha Jaisingh, Bharucha & Partners
In Zee Entertainment Enterprises Ltd v Invesco Developing Markets Fund & Ors, the Bombay High Court considered shareholders’ right to requisition a general meeting. Invesco, a shareholder in Zee, requisitioned an extraordinary general meeting to remove...
India Business Law Journal

Building back better

Wise policymaking is need of the hour Rebuilding after the pandemic was never going to be an easy task. Restoring confidence within communities and companies, coaxing workers back to offices and repairing the economy all...
RBI-revises-rules-for-securitisation-of-stressed-assets-L

RBI revises rules for securitisation of stressed assets

The Reserve Bank of India has revised its rules for securitisation and sale of loans to help banks improve liquidity and rebalance exposures. The revamp expands the types of assets that can be transferred and...
News-report-referring-to-trademark-not-wrongful-use-Manisha-Singh-and-Malyashree-Sridharan-LexOrbis-Oct2021

A small suffix causes big IP dispute

By Manisha Singh and Malyashree Sridharan, LexOrbis
The long-running dispute between the companies behind the online payment apps PhonePe and BharatPe has intensified. Each side claims ownership of the trademarks and suffixes PE and Pe, alleging misuse against the other. In...
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New internal ombudsman scheme for NBFCs

By Sawant Singh and Aditya Bhargava, Phoenix Legal
In recognition of the systemic importance of non-banking financial companies (NBFC) in credit delivery and their integration into the financial sector, the Reserve Bank of India (RBI) issued directions on 15 November requiring NBFCs...
Open-access-to-electricity-becoming-a-reality-L

Open access to electricity becoming a reality

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Bringing relief to captive projects, the Supreme Court (SC) has held that captive consumers are not liable to pay additional surcharges. Additional surcharges are charges levied by distribution companies (discom) on consumers who receive...
Patent-Prosecution-Highway-–-The-IP-Bridge-between-India-and-Japan-L

Patent Prosecution Highway – The IP Bridge between India and Japan

By Tarvinder Singh, Kochhar & Co.
A Patent Prosecution Highway (PPH) is an examination cooperation programme for patent applications between the patent offices of two countries. It allows a patent applicant to request an accelerated examination of its application pending...
株主紛争は仲裁の権利を排除出来ない-L

Shareholder disputes cannot exclude right to arbitration

By Kelvin Poon and Avinash, Rajah & Tann
Shareholder agreements involving Indian companies are usually governed by Indian law and often contain arbitration clauses covering disputes. Where foreign shareholders are involved, such clauses frequently designate Singapore or other foreign jurisdictions as the...

IBLJ In-house Counsel Awards

India Business Law Journal reveals the country’s leading in-house counsel and corporate legal teams in our very first awards. Gautam Kagalwala reports Individual AwardsTeam Awards For the inaugural India Business Law Journal In-house Counsel Awards, we...
International-public-offerings-L

International public offerings

By Bobby Majumder and David J Zylka, Frost Brown Todd
With the government set to permit the direct listing of Indian companies on overseas stock exchanges, Frost Brown Todd’s Bobby Majumder and David Zylka set down the advantages of going public on US and UK exchanges In recent years,...
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Tangled accounting practices fuel power disputes

By Puja Priyadarshini & Sagnik Maitra, HSA Advocates
Carrying costs and discounting factor, or discounting rate, are vital principles in calculating the relief awarded to parties in commercial disputes. Although both these economic concepts are based on the principle of the time...
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CAM bags Singapore practice licence – and NDA’s office head

Cyril Amarchand Mangaldas (CAM) has received its foreign law practice licence to operate in Singapore, and brought on board Vivek Kathpalia, a former partner and head of Nishith Desai Associates’ (NDA) Singapore office.  “We are not here simply to...
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Devil in the e-detail

The government is keen to support the growth of online trade, but its draft e-commerce rules could have the opposite effect. Freny Patel reports India’s draft e-commerce rules have come under fire from industry experts...
Who’s in control?, Shivanand Pandit

Who’s in control?

By Shivanand Pandit
The markets regulator has begun a process to move away from the broad concept of promoter to controlling shareholders in order to better identify who’s in charge. Shivanand Pandit reports Paving the way for a...
ML-Bhakta-Obituary

ML Bhakta: The consummate polite professional

Mr ML Bhakta, the senior partner of Kanga and Company, passed away recently at the age of 89 due to heart failure.  Even in the past few years, Mr Bhakta had continued to remain active in the legal profession and...
Arjun-Goswami-Cyril-Amarchand-Mangaldas-oct2021

India-Singapore corridor bridges fintech regulatory hurdles

By Arjun Goswami, Cyril Amarchand Mangaldas
The fourth industrial revolution has allowed fintech companies to transform the delivery of financial services through technology and innovation-driven efficiency and inclusive access. Technology has automated financial services and products as well as processes...
India Business Law Journal

Climate challenges ahead

Time to walk the talk In what was a first for South Asia, the Uttarakhand High Court in 2017 ruled that the Ganga and Yamuna rivers, and their catchment areas and tributaries, had rights as...
Ritika Reliance Retail Ventures sale

Dua assists fashion mogul in sale of Ritika stake

Dua Associates advised Ritika, owned by fashion designer Ritu Kumar, when Reliance Retail Ventures acquired 52% of the company, which included a 35% stake owned by Everstone Capital. Khaitan & Co advised Reliance Retail Ventures,...
Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports

Burning question

Do lawyers have an increased responsibility in averting a climate catastrophe? Vandana Chatlani reports In August, the Intergovernmental Panel on Climate Change (IPCC), a UN body for assessing the science related to climate change, published...
Jay Parikh Partner Ayushi Toshniwal senior associate L&L Partners

Amendments to FDI in the telecom services sector

By Jay Parikh and Ayushi Toshniwal, L&L Partners
The Ministry of Finance has released the gazetted copy of the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2021 (amendment rules). The amendment rules revise the Foreign Exchange Management (Non-debt Instruments) Rules, 2019,...
Abhishek Tripathi Managing partner Anura Gupta Principal associate Sarthak Advocates & Solicitors

Benefits of must-run status for renewable energy generators

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
To push the green India initiative, the Ministry of Power has recently introduced the Electricity (Promotion of Generation of Electricity from Must-Run Power Plant) Rules, 2021 (rules). Under the rules, renewable power plants are...
Manoj Kumar, Hammurabi & Solomon

2021 act brings LLPs into the modern world

By Manoj Kumar, Hammurabi & Solomon
The Limited Liability Partnership (Amendment) Act, 2021 (act), recently took effect. It introduced significant changes to the Limited Liability Partnership Act, 2008 (principal act), applicable to limited liability partnerships (LLPs). The act makes the...
IBC

Unlocking new pastures for distressed investment in India

By Shardul Shroff and Shreya Prakash, Shardul Amarchand Mangaldas & Co
In the past half-decade, India has seen a great deal of investment and M&A activity in stressed assets. Large parts of this activity have focused on acquiring distressed companies through the Insolvency and Bankruptcy...
India-IP-counsel-challenges-LexOrbis-r

Keeping up with IP

India’s IP regime is going through a tumultuous period with the abolition of the IP appellate board earlier this year, the emergence of new technologies, and challenges associated with covid-19 vaccines. We brought together...
Cairn, government call truce on tax dispute

Cairn, government call truce on tax dispute

India’s contentious tax dispute with Scotland-based Cairn Energy has come to an end, putting to rest corporate litigation to seize the Indian government’s properties in France, and Air India’s assets overseas. Cairn Energy CEO Simon...
CCI-beer-cartelisation-penalty-United-Breweries,-Carlsberg-India-and-Anheuser-Busch-InBev-(AB-InBev)

CCI pours beer companies hefty penalty

India’s antitrust watchdog has nailed United Breweries, Carlsberg India and Anheuser Busch InBev (AB InBev) for indulging in cartelisation, and the All India Brewers Association has not been spared either for the role it...
India-top-30-law-firm-websites-2021

India’s top law firm websites

What makes a good legal website, and which firms are achieving the best online engagement? Law firm websites have a troubled history in India. For a long time they were effectively, if not explicitly, prohibited...
CSRming the fightback

CSRming the fightback

The quick evolution of corporate social responsibility regulations played a crucial role in helping companies fight the pandemic. Nitin Mittal explains how legal teams rose to the challenge CCorporate Social Responsibility (CSR) was once relegated...
Shaneen Parikh,Shalaka Patil, Cyril Amarchand Mangaldas

Party autonomy now rules in arbitration law

By Shaneen Parikh and Shalaka Patil, Cyril Amarchand Mangaldas
Recent decisions of the Supreme Court have added to what is recognised as a pro-arbitration regime. One was PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited, where the court ruled...
Alok Tewari,Shivika Upadhyay, Kochhar & Co

Data centres a new real estate class

By Alok Tewari and Shivika Upadhyay, Kochhar & Co
A multitude of factors, including increased digitisation and data localisation norms, have fuelled the current boom of the data centre market. Data centres have emerged as a separate real estate asset class with potential....

Jumping ship

Several senior foreign lawyers with India expertise have joined new law firms of late. Vandana Chatlani explores what is prompting them to move In the past 12 months, several foreign lawyers with prominent India-related experience...
Data protection Lagna-Panda-is-a-managing-associate-at-Chandhiok-&-Mahajan

Non-fungible tokens: The new kid on the block

By Lagna Panda, Chandhiok & Mahajan
In March 2021, Beeple, an American digital artist auctioned a non-fungible token (NFT) of an artwork he had created for an eye-popping USD69 million. The same month, Jack Dorsey, the CEO of Twitter, sold...
Aditya-Vikram-Dua-Harshil-Shubham-SNG-&-Partners

No minimum period for claims under bank guarantee

By Aditya Vikram Dua and Harshil Shubham, SNG & Partners
Section 28 of the Indian Contract Act, 1872 (ICA), in its original form inter alia made all such contracts void that limited the time within which a party may enforce its rights under a contract by...
fantasy sports

Game not over

A spate of high-stakes legal victories means the fantasy sports format is here to stay, but there is still much to be done to stabilise the industry, writes Amol Apte at Dream11 Editor's note Despite the...
Indian-Legal-Market-survey-india-business-law-journal-2021

Half empty or half full?

In an especially challenging year, India Business Law Journal’s annual market survey gauges the mood of the country’s lawyers and the health of the legal profession. Gautam Kagalwala reports As the effects of the first...
fox-mandal-renewable-energy

Fox Mandal hires renewables head

AP Pasupathy has joined Fox Mandal & Associates as the head of its renewable energy practice, based in the firm’s Chennai office. Pasupathy was previously associate vice president – project development at Nasdaq-listed ReNew Power. Pasupathy...
ELF-Partners-Pranav-Mago-Litigation-Finance

ELF launched to focus on litigation finance

Pranav Mago, a former head of South Asia for the Singapore International Arbitration Centre, recently established a litigation finance consultancy called ELF Partners in Singapore. According to Mago, litigation finance, or third-party funding of litigation...
New FDI rules prompt Yahoo News to exit India

New FDI rules prompt Yahoo News to exit India

Yahoo brought down the shutters on its news websites on 26 August as a result of recently updated foreign direct investment rules that limit foreign ownership of digital media. “The decision did not come lightly”...
CCI-puts-brakes-on-Maruti-discount-controls

CCI puts brakes on Maruti discount controls

The Competition Commission of India (CCI) in August fined India’s leading automobile manufacturer, Maruti Suzuki, for dictating the discounts that dealers can offer, and penalising dealerships and individuals when they failed to toe the...

Digital intermediary rules leave open door for misuse

By Saurya Bhattacharya and Aseem Sahni, HSA Advocates
In February 2021, the government enacted the Information Technology (Intermediary Guidelines Digital Media Ethics Code) Rules, 2021, under the relevant provisions of the Information Technology Act, 2000. Companies had until 26 May 2021 to...

Hedging your bets with the liberalised remittance scheme

By Gautam Khurana, India Law Offices
The Liberalised Remittance Scheme (LRS) under the forex control framework is a boon for Indian nationals, as it permits annual forex spending of up to USD250,000 with expectations that this threshold will be raised...
Raymond-Tong-and-Hoon-Chi-Tern-are-partners-with-Rajah-&-Tann,-Singapore

Singapore SPAC framework and opportunities

By Raymond Tong and Hoon Chi Tern, Rajah & Tann
Special purpose acquisition companies (SPAC), also known as blank cheque companies, have no commercial operations, revenue-generating businesses or assets. They are formed to raise capital through initial public offerings (IPO) on securities exchanges with...
RBI-revises-classifications-of-PPIs

RBI revises classifications of PPIs

The Reserve Bank of India (RBI) on 27 August issued master directions on prepaid payment instruments (PPIs) with new classifications and to provide a framework for their authorisation, regulation and supervision. New companies setting up...
Manisha-Singh-is-a-partner-and-Simran-Bhullar-is-an-associate-at-LexOrbis

KAL Radio out of tune on copyright

By Manisha Singh and Simran Bhullar, LexOrbis.
The relatively new provisions of the statutory licensing of copyrights have often caused confusion with respect to their interpretation. The courts have repeatedly faced the dilemma of whether to interpret those provisions narrowly or...

Straightening the winding road for MNCs going private

By Sumithra Suresh and Arunima Vijay, L&L Partners
India, with its billion-plus marketplace, production and R&D facilities, occupies an important place in the global operations of multinational corporations (MNCs). The corporate vehicles of several foreign MNCs are listed on Indian stock exchanges....
India Business Law Journal

Chasing change

Regulating for a slice of tech pie Tax authorities across the globe have been denied access to big tech profits by strategies made possible because of the digitalisation of economies and the flattening of borders....
How to rebalance an unequal economic partnership, Reena Asthana Khair, Kochhar & C

How to rebalance an unequal economic partnership

By Reena Asthana Khair, Kochhar & C
One of the primary objectives of the Comprehensive Economic Partnership Agreement (CEPA) reached between India and Japan in February 2011, was to liberalise and facilitate the trade in goods and services between the two countries....
Corporate and commercial e-interests yield to consumers, Manoj Kumar, Hammurabi & Solomon Partners

Corporate and commercial e-interests yield to consumers

By Manoj Kumar, Hammurabi & Solomon Partners
A new draft of the e-commerce rules was published in June 2021 and feedback is invited. The rules apply to all goods and services purchased or sold over electronic networks, including non-tangible products and...
Top Foreign Firms 2021 - Mapping global expertise

Mapping global expertise

As a wave of dealmaking showcases legal prowess around the world, India Business Law Journal reveals the top foreign law firms for India work. By Vandana Chatlani Well over a year has passed since the...
Electricity regulator continues to reign supreme for now, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Electricity regulator continues to reign supreme for now

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr...
Seasoned art expert rejoins L&L Partners

Seasoned art expert rejoins L&L

Subhash Bhutoria, an experienced IP and art lawyer, has rejoined L&L Partners in New Delhi as a partner designate to kickstart an art law practice at the firm.  “ Luthra has a keen interest in...
No place to hide

No place to hide

After years of freewheeling on light taxes, a global effort is closing in on big tech to extract a pound of flesh, writes Freny Patel It’s been an open-ended abuse and one that irks most...
Non-signatories can be compelled to arbitrate, Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

Non-signatories can be compelled to arbitrate

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners
In Shapoorji Pallonji and Co Pvt Ltd v Rattan India Power Ltd and Anr, the issue before the Delhi High Court was whether a non-signatory to an arbitration agreement can be compelled to arbitrate....
Deep mining yields rewards from IBC resolutions, Charanya Lakshmikumaran and Ishita Mathur, Lakshmikumaran & Sridharan 

Deep mining yields rewards from IBC resolutions

By Charanya Lakshmikumaran and Ishita Mathur, Lakshmikumaran & Sridharan 
India is mineral rich, with the mining sector a powerhouse contributing INR913 billion (USD12.3 billion) to GDP. However, this sector, which is integral to government plans to revive the economy, has profitability problems. Falls...
Microfinance framework overhaul a welcome move, Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal

Microfinance framework overhaul a welcome move

By Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal
The Reserve Bank of India’s (RBI) comprehensive regulatory framework for microfinance prescribes requirements such as the nature of borrowers, maximum disbursement amounts and ceilings on interest rates and other charges. However, this framework applies...
Expatriates should beware of strict employment requirements, Gautam Khurana and Promila Dhar, India Law Offices

Expatriates should beware of strict employment requirements

By Gautam Khurana and Promila Dhar, India Law Offices
When non-Indian citizens are employed in India, they become as responsible for obtaining employment visas and complying with immigration laws as the companies that are sponsoring them and offering employment. The immigration process is...
The challenges ahead for LIBOR transition, Soumyajit Mitra and Nishtha Arora, SNG & Partners

The challenges ahead for Libor transition

By Soumyajit Mitra and Nishtha Arora, SNG & Partners
The globally accepted, decades-old financial benchmark, the London interbank offered rate (Libor), retires at the end of 2021 for most rates, or by mid-2023 for others. The Reserve Bank of India (RBI) on 8...
Singapore allows third-party funding in dispute resolution, Kelvin Poon and Vikram Nair, Rajah & Tann

Singapore allows third-party funding in dispute resolution

By Kelvin Poon and Vikram Nair, Rajah & Tann
Pursuing a claim in court or through arbitration is expensive. Would-be claimants, having already suffered a loss, must make the difficult commercial decision whether to risk further resources to pursue their claims. Third-party funding...
A corridor to new Singapore economic partnerships, Vivaik Sharma and Apeksha Sonawale, Cyril Amarchand Mangaldas

A corridor to new Singapore economic partnerships

By Vivaik Sharma and Apeksha Sonawale, Cyril Amarchand Mangaldas
Singapore’s strategic maritime location, well-respected diplomatic links and excellent treaty network make it the gateway to Asian markets. With 29% of foreign direct investment (FDI), it heads the list of investors in India. The...
RBI puts freeze on Mastercard issuances

RBI puts freeze on Mastercard issuances

Mastercard’s failure to comply with the Reserve Bank of India’s (RBI) directive to store payment data in the country has left private sector banks including HDFC Bank, ICICI Bank, RBL Bank and Yes Bank,...
Do hybrid companies still exist

Do hybrid companies still exist?

By Anushri Uttarwar and Umang Pathak 
Private entities that are legally deemed to be public, yet permitted to retain private characteristics such as restrictions on share transferability, are called hybrid companies. In the Tata-Mistry dispute, the National Company Law Appellate...
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....
SPACs- why PIPE investments play a key role, Lynwood Reinhardt and Brooke Dorris, Reed Smith

SPACs: Why PIPE investments play a key role

By Lynwood Reinhardt and Brooke Dorris, Reed Smith
Lynwood Reinhardt and Brooke Dorris examine the impact of private investment in public equity on de-SPAC transactions The SPAC, or special purpose acquisition company, is a resurgent spin on the relatively well-trodden concept of a...
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...
Captive generation- APTEL breaks a few chains, Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

Captive generation: APTEL breaks a few chains

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Captive generation is the new battlefield between generators and distribution companies (DISCOM). While captive generation appeals to consumers and generators by providing a cheaper source of electricity, DISCOMs have resisted captive generation projects. This has...
Lockdown impact on travel, residency and finances, Gautam Khurana and Abhishek Hans, India Law Offices

Lockdown impact on travel, residency and finances

By Gautam Khurana and Abhishek Hans, India Law Offices
Working from home and in remote domestic and overseas locations was rare until 2020, when it became a way of life due to global pandemic lockdowns. While now a familiar situation, the law in India...
Alpha Partners inducts food, retail head

Alpha inducts food, retail head

Vikram Raj has joined Alpha Partners as a partner in Bengaluru, and will head its food and retail (regulatory and litigation) practice. Raj joins from Farm to Fork Solutions, where he was head of...
Looking east, Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties, write Sreenivasan Narayanan, Raja Bose and Rob Houston The Supreme Court’s landmark decision in PASL Wind Solutions Private Limited v GE Power Conversion...
Challenging-taboos

Challenging tabooze

A conversation with Anand Vijay Jha, a former regulator, who has switched sides to head public policy at United Breweries. He talks to Freny Patel about taking on the challenging task of changing the...
WhatsApp to close the shutters on privacy policy

WhatsApp shutters plan to enforce privacy update

Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
Cyril Amarchand Mangaldas hires GIFT City partner

CAM hires GIFT City partner

Ketaki Gor Mehta has joined Cyril Amarchand Mangaldas (CAM) at its office in GIFT City, which is the country’s first international financial services centre based in Gandhinagar, Gujarat state.  Mehta joins from Desai & Diwanji,...
Pankaj Monga, Lall & Sethi’s Singapore hire part of ‘grand plan’

Lall & Sethi’s Singapore hire part of ‘grand plan’

Pankaj Monga has joined Lall & Sethi as a partner based in Singapore to head the firm’s brand protection, risk management and strategy practice as the firm expands its footprint in the Asia-Pacific. “There are...
Downstream investments by NRIs are not foreign investments, Shinoj Koshy and Purvi Khanna, L&L Partners

Downstream investments by NRIs are not foreign investments

By Shinoj Koshy and Purvi Khanna, L&L Partners
Investments by non-resident Indians (NRI) in Indian entities, that is companies or LLPs, on a non-repatriation basis are deemed to be domestic investments and treated equally with investments by residents. However, the Foreign Direct...
L&L Partners assists restructure of Shapoorji Pallonji debt

L&L Partners assists restructure of Shapoorji Pallonji debt

L&L Partners advised State Bank of India in a one-time restructuring of outstanding loans of about INR200 billion (USD2.69 billion) of Shapoorji Pallonji & Company. Desai & Diwanji advised Shapoorji Pallonji & Company, which...
Will PLIs give Japanese manufacturing a boost in India, Pradeep Ratnam, Kochhar & Co

Will PLIs give Japanese manufacturing a boost in India?

By Pradeep Ratnam, Kochhar & Co
Japan has a history of investment and joint ventures in India. Foreign direct investment from Japan increased to USD35 billion between 2000-2020, with USD10 billion worth of inbound mergers and acquisitions in 2015-2020 alone....
Supreme Court- Party autonomy is the backbone of arbitration

Supreme Court: Party autonomy is the backbone of arbitration

The Supreme Court in a recent landmark judgment titled PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited ruled that nothing stands in the way of party autonomy in designating a...
Industry, government align on green energy goals

Industry, government align on green energy goals

Recent expansion patterns of companies worldwide signal a shift towards opting for renewable alternatives in order to achieve a sustainable global energy balance. Countries have reiterated their commitment to achieving the United Nations agenda...
When SPACs come knocking, Ashok Lalwani and Mark Bell, Baker McKenzie

When SPACs come knocking

By Ashok Lalwani and Mark Bell, Baker McKenzie
Ashok Lalwani and Mark Bell explore the opportunities and risks associated with Indian companies taking the SPAC route With the accelerated rise of special purpose acquisition companies (SPACs) in the US and Europe in 2020...
The fragile position of independent directors of banks, Sumit P and Asima Ghosh, HSA Advocates

The fragile position of independent directors of banks

By Sumit P and Asima Ghosh, HSA Advocates
The improvement of corporate governance norms of banks has been on the agenda for many years. However, after egregious irregularities and misconduct at the highest levels were found at some well-known banks and non-banking...
Obscurities relating to availability of ITC for covid-19 supplies, Kapil Kumar Sharma and Shubham Vijay, Lakshmikumaran & Sridharan 

Obscurities relating to availability of ITC for covid-19 supplies

By Kapil Kumar Sharma and Shubham Vijay, Lakshmikumaran & Sridharan 
In the course of just a year, times have changed and we have journeyed from a sense of normalcy to absolute anomaly. The outbreak of the pandemic has brought the world to an abrupt...
Cryptocurrencies unchained

Cryptocurrencies unchained?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas; Rajiv Luthra and Anirudh Gotety, L&L Partners
Since the Supreme Court overturned India's ban on cryptocurrencies, trading volumes have increased exponentially and home-grown crypto startups have blossomed. But the government has yet to establish a regulatory regime, and reports of another...
India Business Law Journal

In dire straits

Critical situation requires unified response Few could have imagined the day when a judge of Delhi High Court would urge the state “to beg, borrow or steal”. The judge was just one of many across...
Vaccinating your staff

Vaccinating your staff?

The government has allowed the private sector to step in and vaccinate staff. Pharma legal expert Shantanu Mukherjee and co-author Sampreetha Kumar explain how to navigate setting up a vaccination facility for your employees Policy...
Trust structures from an FDI perspective, Harish Kumar and Itee Singhal, L&L Partners

Trust structures from an FDI perspective

By Harish Kumar and Itee Singhal, L&L Partners
Trust structures are increasingly gaining popularity for wealth and succession planning in India where most businesses are family driven. Increased global business opportunities have led business families, particularly the younger generations, to migrate and...
Risky share swaps useful to fund cross-border activity, Natasha Mahajan and Vineetha Stephen, Samvad Partners

Risky share swaps useful to fund cross-border activity

By Natasha Mahajan and Vineetha Stephen, Samvad Partners
As the Indian start-up ecosystem matures, there’s a growing trend among companies in cutting-edge industries to access new technologies, recruit the best talent and gain market share and advantage by buying global offshore businesses....
InvITs continue to evolve in infrastructure M&A, Jay Gandhi and Abhishek Parekh, Shardul Amarchand Mangaldas & Co

InvITs continue to evolve in infrastructure M&A

By Jay Gandhi and Abhishek Parekh, Shardul Amarchand Mangaldas & Co
The infrastructure sector has seen much M&A and private equity activity in recent years. While some sub-sectors have contracted due to the pandemic with a consequent slowdown in M&As, others such as renewable energy...
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...
Austria is the EU partnership model after Brexit, Gautam Khurana, India Law Offices and Markus Leitner, Austria-based firm Leitner & Hirth

Austria is the EU partnership model after Brexit

By Gautam Khurana, India Law Offices and Markus Leitner, Leitner & Hirth
The European Union has been one of India’s biggest trading partners. Investors and small and medium enterprises from the EU have proved loyal partners for companies over many decades. Market entry and expansion between...
Factors when drafting arbitration clauses in commercial contracts, Manoj Kumar, Hammurabi & Solomon

Factors when drafting arbitration clauses in commercial contracts

By Manoj Kumar, Hammurabi & Solomon
In the recent case of PASL Wind Solutions Pvt Ltd v GE Power Conversion India Pvt Ltd, the Supreme Court allowed two Indian parties to elect a foreign seat of arbitration and clarified that...
panacea or problem

Panacea or problem?

SPACS have generated tremendous interest in India, but are these re-emerging investment tools really a practical alternative to IPOs and a panacea for reviving capital markets? And just how tightly should they be regulated?...
Secretariat-law-firm-open-office-Mumbai-3

Secretariat opens its doors in India

Expert services and litigation consulting firm Secretariat has expanded to India with the opening of an office in Mumbai and the appointment of Mrinal Jain as a director. Jain will lead the firm’s economic damages...
Getting-what’s-rightfully-due

Getting what’s rightfully due

General counsel should be professionally recognised via a review of The Advocates Act, and be supported by a regulatory body, write General Counsels’ Association of India founders Akhil Prasad and Sanjeev Gemawat The legal...
Tread carefully with TM

Tread carefully with TM

By Shreekanth Katti and Harry Jose, Syngene International
The improper use of trademark symbols in overseas markets can cause headaches for in-house lawyers writes Shreekanth Katti The marketing, commercial and business development departments of companies work hard to create brand names in order...
Can the Startup India Seed Fund Scheme be a game-changer

Can the Startup India Seed Fund Scheme be a game-changer?

By Dipti Lavya Swain and Tanvi Tekriwal, HSA Advocates
The Startup India Seed Fund Scheme gives an impetus to the seed funding initiative of the government. The policy and guidelines were released after the scheme was announced in January 2021. The government has...
Revised regulations on due diligence for listed debentures, Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal

Revised regulations on due diligence for listed debentures

By Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal
In November 2020, the Securities and Exchange Board of India (SEBI) issued a circular on due diligence to be carried out by debenture trustees on security for listed debentures. The circular prescribed additional obligations...
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...
Court Invoke compulsory licensing to combat covid

Court: Invoke compulsory licensing to combat covid

Patent holders of life-saving drugs for treating covid are likely to voluntarily grant licensing to generic companies to produce the patented drugs, which are in short supply as mortality rates soar in India. This is...
RBI restricts investments in NBFC from FATF non-compliant countries, Anshuman Mozumdar and Anirudh Gotety, L&L Partners

RBI restricts investments in NBFC from FATF non-compliant countries

By Anshuman Mozumdar and Anirudh Gotety, L&L Partners
The Reserve Bank of India (RBI) issued a notification on 12 February 2021 further restricting investments in non-banking financial companies (NBFC) from jurisdictions, which are on the Financial Action Task Force’s (FATF) black list...
Bathiya Legal, Indus Law assist on pharma-tech acquisition

Bathiya, IndusLaw assist on pharma-tech acquisition

IndusLaw advised pharma-tech startup Pharmarack Technologies when ABCD Technologies acquired a 91.8% stake in it for ₹1.1 billion (US$14.8 million). Shareholders in Pharmarack Technologies included the venture capital fund IvyCap Ventures, which used its in-house...
210421 I2103_Khaitan's Singapore office.00_00_13_21.Still001video

Work from home has seen a mixed reaction: Haigreve Khaitan

Haigreve Khaitan, the senior partner of Khaitan & Co, talks to India Business Law Journal about how his firm has been tackling the ongoing pandemic, its impact on deal values and his views on...
Algo rolls out ESOP advisory programme, Smita Goel

Algo rolls out ESOP advisory programme

Algo Legal has launched employee stock ownership plan (ESOP) subscription services for companies to receive guidance on how to structure and implement plans for employees, along with a dedicated portal. The firm has worked with...
Regulations hinder SPACs in India

Regulations hinder SPACs in India

Special Purpose Acquisition Companies (SPACs) are considered controversial entities – also known as blank cheque companies – that offer private businesses a fast-track procedure to go public, bypassing the traditional IPO process. It’s an...
India Business Law Journal

Relying on specialists

Debate on wisdom of specialised courts returns It is no surprise that the recent scrapping of the Intellectual Property Appellate Board (IPAB) – a tribunal that decided on appeals from the patent and trademark office,...
Policing-the-internet

Policing the internet

Recently released guidelines giving the government power over social media and news portals are being challenged in court. Freny Patel asks experts whether the new rules are a case of overreach The release of “draconian”...
Spiking-the-debt-balloon

Spiking the debt balloon

India plans to set up a so-called bad bank to deflate a post-pandemic rise in non-performing assets and help lenders clean their balance sheets. Will this be the panacea the country’s troubled banking sector...
Abolishing IPAB: An own goal?

Abolishing IPAB: An own goal?

By Pravin Anand, Anand and Anand
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand See also: IP practitioners warn of dire consequences as IPAB gets the...
IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop

Axed!

IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop. Gautam Kagalwala reports See also: Closing IPAB goes against plan to improve ease of doing business After nearly 20 years marked as much...
NCLT proper forum for power purchase agreement insolvency, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

NCLT proper forum for power purchase agreement insolvency

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The Supreme Court has ruled that the National Company Law Tribunal (NCLT) has jurisdiction under the Insolvency and Bankruptcy Code, 2016 (IBC) in disputes involving Power Purchase Agreements (PPA). Gujarat Urja Vikas Nigam Limited...
More liability on the cards for independent directors

More liability on the cards for independent directors

The Supreme Court decision last month that ended the four-year boardroom feud in the Tata-Mistry saga exposes the vulnerabilities of independent directors when they do not agree with promoters. While the 26 March verdict is...
Make in India- A reality through PLI scheme, Gautam Khurana, India Law Offices

Make in India: A reality through PLI scheme

By Gautam Khurana, India Law Offices
The Make in India policy of 2014 was the last of many attempts since 1991 to make India the centre of the global manufacturing supply chain. The government has now put that attempt right...
IPAB recognises the concept of transborder reputation, Manisha Singh and Simran Bhullar, LexOrbis

IPAB recognises the concept of transborder reputation

By Manisha Singh and Simran Bhullar, LexOrbis
Securing a trademark registration in a new territory presents challenges, especially from local competition. Globalisation has enabled brands to reach distant customers, but even globally recognised brands can face legal trouble if local companies...
SBI managing director joins CAM as adviser

SBI managing director joins CAM as adviser

B Sriram has joined Cyril Amarchand Mangaldas (CAM) as a senior adviser in the financial institutions group of the firm. He has more than 37 years of experience in all areas of banking and finance. Sriram...
Security by design in digital payment controls, Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co

Security by design in digital payment controls

By Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co
In February 2021, the Reserve Bank of India (RBI) issued the RBI (Digital Payment Security Controls) Directions, 2021 (master directions). The trigger for these regulations was the exponential growth of digital payments and the...
India Business Law Journal

Time for a new ball

As the tide of the pandemic turns, the government is returning to the task of making India a US$5 trillion economy by 2024-25. While many question if this is possible, India’s finance minister says achieving it will...
International-A-list

International A-List 2021

India Business Law Journal reveals the top 100 foreign lawyers for India-related matters View the A-List The arrival of covid-19 brought about a need for agility among international lawyers – to adapt to a reality...