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Derivatives of foreign exchange derivatives

Derivatives dispute escalates

A legal dispute over derivatives contracts between a number of Indian banks and their clients escalated in April when ICICI Bank filed a criminal suit against Sundaram Multi Pap. Sundaram Multi Pap had earlier filed...
India Business Law Journal

Sweet are the uses of adversity

When it comes to feeling the effects of other people’s problems, India has developed a canny knack for turning misfortune elsewhere to its advantage As ever, Shakespeare’s pithy phrasing lends perspectives on the contradictory signals...
Indian supermarket

Setting up shop

Despite a restrictive regulatory regime and deep political sensitivities, now is the time for foreign retailers to establish a foothold in India Ben Frumin in New Delhi explains Against the colossal backdrop of a Bollywood film...
Sovereign wealth funds: Will India join the club?

Sovereign wealth funds: Will India join the club?

Sovereign wealth funds (SWFs), or state-owned investment vehicles, are coming under increasing discussion and scrutiny. SWFs are estimated to hold over US$3,000 billion in assets. Merrill Lynch has projected that SWFs will reach US$7,900...
Priti Suri,Proprietor,PSA

Question lingers over status of pre-IPOs

By Priti Suri and Aditi Mohan,PSA
India has become a hub for several young and fast moving companies with tremendous potential to achieve exponential growth. However, most of them struggle during their infancy period. Often, the main reason for the struggle...
Abhixit Singh,Ramandeep Arora,Titus & Co

Tax changes in budget could impact M&A deals

By Abhixit Singh and Ramandeep Arora,Titus & Co
T he increase in cross-border mergers and acquisitions (M&A) has led to an urgency to understand and manage the intricate tax consequences of foreign investments in India. By the end of 2007, M&A deals in...
Dr Sushil Kumar, Partner, Clairvolex

Outsourcing management of IP can boost profits

By Dr Sushil Kumar,Clairvolex Knowledge Processes
Knowledge and research have become important resources and key elements in the new business prototype of economic development, so it has become essential to identify and commercialize these resources. Asian law firms and specialized agencies...
Abhai Pandey,Partner,Lex Orbis IP Practice

New weapons in the battle against fake drugs

By Abhai Pandey,Lex Orbis
Counterfeiting has become an enigma for the world pharmaceutical trade. Estimated rates of counterfeiting keep varying with the investment and ease to produce counterfeit goods, although it is certain that counterfeiting accounts for a...
Gautam Khaitan, OP Khaitan & Co

Private industry gears up for bigger role in defence sector

By Gautam Khaitan, OP Khaitan & Co
In a landmark policy change, the defence industry was thrown open to the private sector in May 2001 (Press Note 4 of 2001 Series). The government allowed 100% equity with a maximum 26% foreign...
Anand S Pathak,Partner,P&A Law Offices

India’s anti-trust regime requires clarity

By Anand S Pathak,P&A Law Offices
On 15-16 March, the International Bar Association, the Bar Association of India and the Confederation of Indian Industry, among others, held an International Conference on India’s New Merger Notification Regime. Leading competition law practitioners and...
Sanjay Asher,Partner,Crawford Bayley & Co

Financing gambling operations not easy

By Sanjay Asher and Bhumika Batra,Crawford Bayley & Co
Foreign direct investment (FDI) has been recognized as an important instrument for advancing India’s foreign exchange resources, its technological base and for globalizing the Indian economy. Gambling (gaming), lottery business and betting are not...
legasis winjit

The LPO revolution

Ben Frumin charts the development of India’s legal process outsourcing industry and assesses the opportunities and risks it poses to global businesses and law firms In early 2006, a medium-sized US law firm sent a...
Vinod Dhall Lalit Bhasin Society of Indian Law Firms

Competing interests

A recent conference brought together regulators, lawyers and international business leaders to debate the implementation of India’s new competition act. Raghavendra Verma was there to cover the action For evidence of the global concern surrounding the implementation...
land-real-estate-property-development-investment-india

Buying land in India: From concept to completion

Sumes Dewan tells the story of Astra Infra to illustrate how innovative structures may overcome the hurdles associated with acquiring land In March 2005, significant liberalizations to India’s real estate sector were set forth by...
real-estate-property-market-development-india-land

The road to REITs and REMFs

Gautam Mehra of PricewaterhouseCoopers evaluates recent moves to introduce collective investment schemes into Indian real estate Since April 2004, India’s real estate market has been open to investment by institutional investors and high net worth...
real-estate-property-market-development-land-india

Defying the laws of economics

Despite the sub-prime crisis in the US and a restrictive regulatory regime at home, Indian real estate continues to boom. Can it last? Alfred Romann reports Nandan Nelivigi, a New York-based partner at White & Case,...
climate-change-global-warming-pollution-india

Opportunity in the face of adversity

Despite the carbon credits euphoria, climate change remains a serious threat to businesses in India For Indian corporations, carbon credits have been an unexpected silver lining around the cloud of greenhouse gases that has brought...
carbon-redits-corporate-lawyer-global-trade-regulation-uncertain-law-firms

Chasing the green dollar

The global trade in carbon credits is growing rapidly. Despite complex and uncertain regulations, Indian companies, assisted by local and international law firms, have been fast to cash in on the opportunity. Raghavendra Verma...
India Finance MinisterBudget Trade Tax

Legislative and regulatory update – April 2008

The budget India’s latest budget, unveiled by Finance Minister P Chidambaram on 29 February, includes a number of tax provisions that impact businesses and individuals. The budget had been expected to include significant changes to the...

Carbon credits are no panacea

Climate change must be tackled with local laws, regulations and enforcement, argues Chandran Nair of think tank Global Institute for Tomorrow This century’s greatest challenge is to understand how to mitigate climatic change. Years of...
hong-kong-finance-lawyer tata

India, China crowned capital markets ‘hotspots’

Capital markets in emerging countries like China and India are increasingly important to the global economy, according to a survey by international law firm DLA Piper. DLA Piper’s International Capital Markets Survey included companies listed...

Derivatives spark legal struggle

Banks in India are set for a long and bloody battle with their clients over the legality of the derivatives market. Hundreds of Indian companies bought into cross-currency options and structured products to protect themselves...
Brookfield real estate

Indiabulls take aim

Amarchand Mangaldas, Slaughter and May and Isle of Man-based law firm Cains have teamed up to advise Indiabulls Real Estate on an offer for Dev Property Development (DPD). The offer values DPD at approximately...

Kolkata land prices soar

FoxMandal Little is advising Kolkata’s Municipal Corporation on the auction of highly sought after land amidst a rapid appreciation of property prices in the city. The plots are to be leased out to hotel...
Business Law Journal, letter to the editor

Reserve the ‘best brains’ for Indian law firms

Dear Sir, In my view, the Bar Council of India has rightly taken a firm stand in opposing the entry of foreign law firms into India. The Bar Association of India has also supported this position. The...
India Business Law Journal

Reform’s unstoppable march

As elections loom, a shaky coalition government going slow on reform is no surprise. But the fact that it is still trying bodes well for India One conclusion that India-watchers may glean from this month’s...
capital markets

Fighting for funds

Market turbulence has forced many Indian corporates to re-evaluate their domestic and international capital-raising strategies. But in spite of the difficulties, there is no shortage of investors willing to gamble on India, Chris Crowe reports...
bustling street Bangalore

Southern charms

With rapid growth in technology, telecommunications, pharmaceuticals and biosciences, Bangalore has become a major destination for Delhi and Mumbai law firms, writes George W Russell in Bangalore From Garden City to Pensioners’ Paradise and Outsourcing Capital...
Baljit Singh Kalha,Pragya Dhamija,Titus & Co

Tax treatment could hurt domestic funds

By Baljit Singh Kalha and Pragya Dhamija,Titus & Co
Venture capital is a useful source of risk capital, especially for start-up ventures in the knowledge-intensive sectors. Since such funds enjoy a pass-through status, it is necessary for the government to limit the tax...
Priti Suri,Nikita Ved,PSA

Capital injections could help pharmaceutical industry

By Priti Suri and Nikita Ved,PSA
India has made significant progress in terms of self-reliance in pharmaceutical products. Prices for indigenously manufactured drugs are the lowest in the world. The success story of the pharmaceutical sector stems from its reliance on...
Wayne Rogers,Senior adviser,Sonnenschein Nath & Rosenthal LLP

Foreign ownership concerns unlikely to change US policy

By Wayne Rogers,Sonnenschein Nath & Rosenthal LLP
Every year the US Department of Commerce provides volumes of economic data. Much of the press follows figures on budget deficits or surpluses and indebtedness, whether a measure for the US or for foreign...
Sawant Singh,Akanksha Midha,Trilegal

New foreign currency bonds to be exchangeable for equity

By Sawant Singh and Akanksha Midha, Trilegal
The finance minister, during his budget speech of 2007-08, promised to introduce a new financing option for corporate India – the foreign currency exchangeable bond (FCEB). The FCEB was conceived as an innovative structured finance...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Multimodal transport makes practical sense for shippers

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
International transportation of general cargo has undergone important structural changes due to advancement in transport technology including the advent of containers. Containers are increasingly used for transportation of goods from one country to another, using...
Dr Sushil Kumar, Partner, Clairvolex

Patent outsourcing demands special skills

By Sushil Kumar,Clairvolex Knowledge Processes
The shift towards the knowledge economy has led many organizations to gradually make intellectual property a core component of their long-term strategy. This has made companies build large patent portfolios but the need to realize...
Competition

Industry voices concern about merger control

By Anand S Pathak, P&A Law Offices
In January this year, the Competition Commission of India released drafts for comment of certain regulations to implement the provisions of the Competition Act, 2002. The commission’s intention to move forward on implementation of the...
infrastructure power

Cutting through bureaucracy

In the concluding part of the hypothetical case study of three privately financed power projects, Bob Nelson investigates the regulatory hurdles that infrastructure investors must clear before construction can begin Last month, India Business Law...
FDI new heights

FDI cleared to climb to new heights

The latest reforms to India’s foreign investment regulations are significant because they tackle sensitive sectors that the government has previously been reluctant to liberalize. But concerns persist over the scope of the changes and...
Legislative

Legislative and regulatory update – March 2008

Foreign investment In January, the government proposed the liberalization of foreign direct investment (FDI) in certain key economic sectors. The ceiling on foreign investment in public sector petroleum refining has been raised from 26% to 49%...
FoxMandal

FoxMandal opens its doors in London

FoxMandal Little opened its London office on 18 February, becoming one of the first Indian law firms to launch operations in Britain. The firm has established the new office, which will only practise Indian law,...
Supreme Court upholds employers’ security obligations

Supreme Court upholds employers’ security obligations

In a landmark decision with significant implications for India’s outsourcing industry, the Supreme Court decided in February to allow the prosecution of Som Mittal, a former head of Hewlett Packard Global Software, for alleged...
Business Law Journal, letter to the editor

A call for stringent measures

Dear Sir, Your article on cybersquatting (Piracy in another domain, IBLJ volume I issue 7) highlights a very important IP concern for small and large corporations alike. The proactive monitoring and brand protection measures that are...
India Business Law Journal

A monumental challenge

Infrastructure is finally taking its place in the sun. And for good reason: the task ahead is urgent Simply to maintain the smooth running of today’s economy, India’s infrastructure requires a significant overhaul. To keep...
infrastructure

Building the future

Foreign investors are flocking back to India’s once-pariah infrastructure sector. They must tread carefully, but this time the opportunities are real, Ben Frumin reports from New Delhi One minute. That’s all it took on 15 January...
Indian gate legal market

Open sesame

As the debate on opening India’s gates to foreign law firms shifts from ‘if’ to ‘how’, important lessons may be drawn from other Asian jurisdictions that have implemented similar reforms, Ben Frumin reports from New...
Ameya Khandge,Nishant Parikh,Trilegal

Relaxed regulations boost overseas acquisitions

By Ameya Khandge and Nishant Parikh,Trilegal
Over the past decade or so, India has become accustomed to measuring the success and pace of its liberalization measures with the quantum of foreign investment pouring into India. More recently, there has been a...
Baljit Singh Kalha,Durgesh Singh,Titus & Co

Laws and judgments help merger transactions

By Baljit Singh Kalha and Durgesh Singh,Titus & Co
A scheme of merger is the blueprint of a merger transaction. The scheme of merger governs and prescribes the entire transaction of merger – the method of valuation of the merging companies, the share...
Akshay Jaitly,Shailendra Kumar Singh,Sameer Guha,Trilegal

Government invites bids for oil exploration licences

By Akshay Jaitly,Shailendra Kumar Singh,Sameer Guha,Trilegal
Perhaps taking its cue from this column in the previous issue of India Business Law Journal, the government of India announced the commencement of the seventh round of the New Exploration Licensing Policy (NELP...
Savi Gupta, Lawyer, Clairvolex Knowledge Processes

Outsourcing requires care to protect confidentiality

By Savi Gupta,Clairvolex
Outsourcing has, in recent years, come to be associated with a wide variety of services, including software engineering, technical support, tax preparation and even medical imaging diagnostics. Increased technology, globalized economies and access to internet...
Priti Suri,Proprietor,PSA Staged financing

Staged financing reduces investment risks

By Priti Suri,PSA
Globalization has increased the number of funds and cross-border deals into different geographic areas. During 2007, venture capital (VC) and private equity (PE) investments touched US$14.2 billion and spanned nearly 400 deals. In 2006...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Third party logistics gains momentum

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
Third party logistics (3PL), or logistics outsourcing, refers to outsourcing transportation, warehousing and other logistics related activities to a 3PL service provider that were originally performed in-house. Logistics outsourcing is used for the logistics activities...
Abhai Pandey,Lawyer,Lex Orbis IP Practice

Creating an innovation act for India

By Abhai Pandey,Lex Orbis IP Practice
Research over the last few decades has unequivocally established a near coalescence of the generative, application and commercial aspects of knowledge. The intersection of seemingly unconnected and diverse fields of science and technology has generated...
Gautam Khaitan,Partner,OP Khaitan & Co

Cautious moves towards greater FDI in retail

By Gautam Khaitan,OP Khaitan & Co
The retail sector in India is highly fragmented and organized retail in the country is at a nascent stage. Recently, however, it has emerged from the shadows and become one of the most talked-about...
Arun Balasubramanian, Linklaters

Converging accounting standards challenge issuers

By Arun Balasubramanian,Linklaters
The International Accounting Standards Board (IASB) recently reported the announcement by the Council of the Institute of Chartered Accountants of India (ICAI) at its July 2007 meeting that Indian accounting standards will achieve full...
Sanjay Asher,Partner,Crawford Bayley & Co

Non-banking financial companies consolidate

By Sanjay Asher and Bhumika Batra,Crawford Bayley & Co
The non-banking financial companies (NBFC) sector, which grew rapidly in the early 1990s but later witnessed a turbulent period, has been in a phase of consolidation during the last two years. The main reasons for...
globalization global economic

A shrill discord

Indian lawyers are fighting a rear-guard battle against globalization, argues prominent commentator and former regional editor of the Far Eastern Economic Review, VG Kulkarni Looking back at independent India’s history, one cannot but notice that...
Project Windstorm

The turbulent tale of Project Windstorm

In the first of a two-part series, Bob Nelson uses a fictional case study to illustrate the broad strategic considerations that are necessary when developing and financing an infrastructure project in India In the 1990s,...
corporate framework

Redrawing the corporate framework

Proposed amendments to India’s companies law would do away with much bureaucracy and bring India a step closer to modern international practices. By Bijesh Thakker in Mumbai Since the Indian Companies Act was passed in 1956,...
Internet piracy

Piracy in another domain

Cybersquatting is a growing menace to companies the world over. India has its own mechanism to address the problem but serious challenges remain, Alfred Romann reports Every five days, millions of internet domain names change hands. The...
housing

Legislative and regulatory update – February 2008

Real estate The State of Maharashtra has repealed its Urban Land (Ceiling and Regulation) Act, 1976, which limited landholdings by a single person to 0.5 hectares in Mumbai and one to two hectares in other...
satellite receiver Reliance

Telcos urged to improve services

Telephone companies were urged in January to improve their services before the government announces a new allocation of airwaves. The Department of Telecommunications (DoT) expects companies to serve up to four times their current...
Business Law Journal, letter to the editor

A busy year ahead

Dear Sir, Most investors already include India in their plans, not only as an investment destination but in their search for business partners. As the Reserve Bank of India continues to liberalize its regulations, the country...
Signal receiver

Legislative and regulatory update – December 2007/January 2008

Telecoms The significance of telecommunications licensing was underscored recently as mobile telecommunications operators moved to block the issuance of licences covering multiple technologies. The Cellular Operators Association of India (COAI), a lobby group representing GSM...
Wayne Rogers,Senior adviser,Nath & Rosenthal LLP

The rupee bull: Late Diwali or early Christmas?

By Wayne Rogers,Sonnenschein Nath & Rosenthal
Diwali marks the holiday shopping season in India, much like the Christmas holiday in the United States. This year, however, Diwali has come late (or Christmas has come early) as the ever strengthening rupee presents...
India Business Law Journal

India’s year of opportunity

What might 2008 hold for all those whose fortunes rest on the business of law, and the law of business, in India? It’s the time of year to reflect on what’s passed and look ahead...
Gautam Khaitan,Partner,OP Khaitan & Co

Easing norms in the insurance sector

By Gautam Khaitan,OP Khaitan & Co
Gross foreign direct investment (FDI) inflows during April 2007 totalled US$1.6 billion as compared with US$700 million a year ago. This large year-on-year hike speaks well of the efforts and policies of the government of...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Managing cold storage requires its own logistics

By Shardul Thacker,Mulla & Mulla & Craigie Blunt & Caroe
India’s agricultural sector, which accounts for approximately 65% of Indian employment, has a significant impact on the country’s economy. It contributes roughly 40% of the country’s national income. The agricultural sector, being at the core of...
Cooperation

The Deals of the Year

Following a record year for Indian M&A and capital markets transactions, India Business law Journal is proud to reveal its 2007 Deals of the Year and the lawyers who guided them to fruition Chris Crowe...
Baljit Singh Kalha,Durgesh Singh,Titus & Co

Tax concessions favour revival of loss-making units

By Baljit Singh Kalha and Durgesh Singh,Titus & Co
The Indian tax regime offers several concessions for mergers and amalgamations. One of the key concessions is the transfer of unabsorbed losses and unabsorbed depreciation in amalagamations. Section 72 A of the Income Tax Act, 1961,...
direction

Getting the right advice

Finding the best external legal advisers is a crucial task for corporate counsel and their companies. There are no easy rules to follow and getting it wrong can be disastrous Ben Frumin explains Not long ago...
YouTube

YouTube, Google sued over copyright abuse

Super Cassettes Industries has filed a lawsuit against Google and YouTube for copyright violation after the US companies displayed content over which the Indian music label says it holds the copyright. The High Court in...
map

Taxing times in America

Indian investors in the US are encountering the same tax troubles that have long since frustrated American businesses in India.Great care must be taken to minimize exposure Daniel M Davidson and Andrea A Ramezan-Jackson explain Ajoint...
Business Law Journal, letter to the editor

Lawyers must lead the way

Dear Sir, India’s economy is forging ahead with GDP growth of 9.4% this year and predictions are that in time it will match the output of China. However, those of us familiar with the economic boom...
Business Law Journal, letter to the editor

Significant steps

Dear Sir, In 2008, India is likely to witness the opening the legal market to foreign lawyers, the opening up of the retail sector, particularly sports and electronics, a new Companies Law that would simplify...
intellectual

Defending hidden value

Strict internal controls, risk assessments and staff education are vital for long-term success in protecting intellectual assets. Equally important is keeping a close eye on the activities of competitors and proactively monitoring for cases...
Priti Suri,Nikita Ved,PSA

Domestic hurdles curtail leveraged buy-outs

By Priti Suri and Nikita Ved,PSA
Private equity firms make most of their investments in leveraged buy-outs (LBO) that involve significant use of debt to finance the acquisition of a company. LBOs are important instruments of merger and acquisition financing as...
Monopoly

Laws of competition

As India introduces a new anti-monopoly regime, valuable insights may be drawn from Australia’s experience Dave Poddar and Nicholas Lingard explain The Indian Competition (Amendment) Act, 2007, which was passed into law on 10 September, updated...
Business Law Journal, letter to the editor

A stimulating time

Dear Sir, As the Reserve Bank of India continues to liberalize its regulations, the country is entering an exciting phase in terms of Indian companies investing abroad. For lawyers, this is an intellectually stimulating time. In...
Karan Singh,Nishant Parikh,Trilegal

Level playing field needed for domestic acquisitions

By Karan Singh and Nishant Parikh,Trilegal
Merger and acquisition activity in India is thriving at the moment. However, it is not as vibrant as in the US and Europe on account of a lack of acquisition financing options, particularly in...
India economy

India in 2008

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
Shardul Thacker previews the regulatory changes that foreign and domestic businesses may witness during the coming year India’s fast-moving economy hinges, to a large degree, on timely legislative reform and regulatory development. Authorities must stay...
Akshay Jaitly, Trilegal

Oil and gas exploration auctions delayed

By Akshay Jaitly,Trilegal
Exploration blocks in India are offered for auction under the New Exploration Licensing Policy (NELP), the first round of which was in January 1999. During that first round, some 48 blocks were offered for the...
Abhai Pandey, Lawyer, Lex Orbis IP Practice

Certification trademarks boost economic growth

By Abhai Pandey, Lex Orbis IP Practice
Certification is simply a designation earned by a person or a product signifying certain attributes and qualities to differentiate it from the multitude. There are, for example, certifications for professionals, designated to perform a job...
India Business Law Journal

India’s agonizing decision

Corporate law firms and their clients in India and overseas may soon witness the beginning of a new era in legal services There is growing momentum behind moves to open India’s legal market to foreign...
legal market nov foreign law firms

Lowering the bar

India Business Law Journal investigates recent moves to open the legal market to foreign firms and hears reactions from a wide range of stakeholders, Ben Frumin reports from New Delhi As autumn began in India with...
int report financial market

The new financial architects

Lawyers are playing a vital role in the introduction of securitization, structured finance and other high-end financial techniques into India. Ben Frumin talks to some of the deal-makers and explores how legal and regulatory...
What's the deal offshore

Island hopping to India

Choosing the best offshore centre for India-bound investment requires careful consideration of the risks and financial rewards. Nandan Nelivigi and Brendan McNallen compare the attractions of Mauritius, Cyprus and Singapore Foreign direct investment into India...
arbitration network global tender

Keeping the house in order

In-house legal teams should be structured and managed in a way that makes them indispensable to the business, says MR Prasanna of Aditya Birla Not that long ago, I had the unique privilege of setting...
PSA investors

Closed boardrooms discourage investors

By Priti Suri and Priyatha Rao, PSA Legal Counsellors
To say that India is an attractive investment destination is clichéd as it is quite evident that business prospects have increased by leaps and bounds over the past decade. The most recent push towards India...
Wayne Rogers, Sonnenschein Nath & Rosenthal LLP

Government, politics and trade

By Wayne Rogers, Sonnenschein Nath & Rosenthal LLP
Government and politics have both impacted the recent climate for US-India trade. In June, I wrote in this column about potential changes in the Committee on Foreign Investment in the United States (CFIUS), the...
Gautam Khaitan,OP Khaitan & Co

Continuing liberalization increases India’s appeal

By Gautam Khaitan,OP Khaitan & Co
In recognition of the important role of foreign direct investment (FDI) in driving economic growth, the Government of India initiated numerous economic and financial reforms in 1991, transforming the nature of the Indian economy...
Abhishek Saxena, Jyotika Khilnani, Trilegal

ECB policy linked to exchange rate concerns

By Abhishek Saxena and Jyotika Khilnani,Trilegal
Last month, this column discussed the recent modifications by the Reserve Bank of India (RBI) to the External Commercial Borrowings (ECB) policy. To summarize, the RBI on 7 Augustnov 2007 revised the policy restricting ECB...
Savi Gupta, Clairvolex Knowledge Processes Pvt Ltd

Choosing the right outsourcing vendor

By Savi Gupta,Clairvolex Knowledge Processes Pvt Ltd
Legal process outsourcing is a buzz word that sets conversations roaring in corporate circles. Corporations all around the world have realized the value that outsourcing legal functions can bring to them. Pioneers like GE and...
deals regulatory

Legislative and regulatory update – November 2007

Aviation A proposal in the draft Civil Aviation Policy, to waive five years of domestic flying as a pre-condition for private airlines to operate overseas, is under the Delhi High Court scanner. A writ petition...
deal Steptoe & Johnson

Steptoe & Johnson hires India experts

US law firm Steptoe & Johnson has hired six new attorneys with extensive India experience to boost the firm’s India-related practice. “Steptoe helps Indian companies expand their businesses abroad. We provide our clients with a...
Cathay Amarchand Mangaldas

Amarchand Mangaldas under fire

Amarchand & Mangaldas & Suresh A Shroff & Co has come under fire for allegedly ignoring a potential conflict of interest on recent airport deals. The Civil Aviation Ministry in October said the law firm...
India court law legal Arbitration

Arbitration court eyes India

The Indian government and the Permanent Court of Arbitration (PCA) are holding talks on whether the PCA will be allowed to launch operations in India. It is expected that if the arbitration court is allowed...
gap clothes Child labour

Gap in child labour controversy

The use of child labour in Indian factories reared its ugly head once again in October with the reported use of children to make Gap Inc clothing. Britain’s Observer newspaper reported that it had found...
mindcrest

Mindcrest seeks Indian talent

Chicago-based legal services company Mindcrest has embarked on a hiring spree in India. A year ago the firm had 40 employees. Today it has 400 and it wants more. It is mainly targeting lawyers...
reliance industry Ambani brothers

Ambani brothers ordered to make up

The Ambani brothers and their booming Reliance Group were back in the spotlight in October when the Bombay High Court ordered the two brothers to renegotiate a controversial gas supply agreement. The row between Anil...
arbitration cadbury

Cadbury challenged in high court

Cadbury India was dragged into the Bombay High Court in October in a case that reflects the growing confidence of Indian firms to challenge their global competitors over valuable trademarks. Parle Agro, which markets the...
patents court

Demand for US patents grows

The demand for US patents by Indian companies to protect their products as they expand globally is increasing according to US law firm Finnegan Henderson Farabow Garret and Dunner. Partner Anand Sharma said a US...
Biopharma novartis

Novartis patent hearing delayed

A hearing on the Novartis patent case was delayed in October after a local drug company objected to the membership of a panel set up to hear Novartis’ appeal against the decision to refuse...
bribery

Bribery problem exposed

The PricewaterhouseCoopers 2007 Global Economic Crime Survey, released in October, revealed a somewhat dismal picture of the problem of bribery and corruption in India. As India’s economy expands and attracts international investment in never-before seen...
Business Law Journal, letter to the editor

Follow China’s example

Dear Sir, India should open the legal market to foreign law firms. This is something China did many years ago and the level of international legal support from the big foreign firms in China, co-existing...

A cure for legal headaches

India Business Law Journal diagnosed the top 10 legal problems facing corporate counsel and challenged Indian lawyers to prescribe remedies Alfred Romann reports Doing business in India can be daunting. Not only is the market...

Learning from Dabhol

Powerful lessons in international dispute management The shutdown and (eventually successful) restructuring of the US$3 billion Dabhol power project was the largest and most complex series of disputes relating to foreign investment in India. The Enron-built...

Battle strategies

Commercial disputes in India are slow, costly and all too likely to end in stalemate. Meticulous planning and the careful selection of advisers are crucial factors in achieving a successful outcome By Ben Frumin...
Priti Suri, PSA

Venture capital: Structuring a profitable exit

By Priti Suri, PSA
Innovative ideas are always warmly welcomed. New and innovative ventures in India have not been an exception and have managed to secure financial assistance in both domestic and global markets. Venture capital is one...
Wayne Rogers, Sonnenschein Nath & Rosenthal LLP

Global business: Mind the public policy team

By Wayne Rogers, Sonnenschein Nath & Rosenthal LLP
Many businesses think of “foreign policy” as the exclusive arena of governments. Multi-national companies, however, need to carefully consider their global growth strategies, and how an expert public policy team fits into their business...
Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe

Easier investment will help develop port infrastructure

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
Ports occupy a significant position in India’s overall infrastructure development, acting as a pivotal link between transport by land and sea. To enhance the availability of adequate infrastructure facilities to facilitate the efficient movement of...
Jasman Boparai, Associate, Titus & Co

Hutch-Vodafone may have deep tax implications

By Jasman Boparai, Titus & Co
Mergers and acquisitions are well accepted strategies for corporate growth by companies seeking to achieve economies of scale, increase market share, and diversify product range. Many high profile mergers and acquisitions have caught our attention...
Ramesh Babu MR, Clairvolex Knowledge Processes Pvt Ltd

Regulations, standards could help outsourcers

By Ramesh Babu MR, Clairvolex Knowledge Processes Pvt Ltd
Legal outsourcing in India has grown by leaps and bounds not only in the number of firms that are undertaking it but also in character of the work that is now outsourced across the...
Mittal R S, Jasman Boparai, Titus & Co

Multi-level marketing is illegal, state courts say

By R S Mittal and Jasman Boparai, Titus & Co
The direct selling industry has been growing at 30% per year. Today, it has an annual revenue of about US$6 billion. According to the Indian Direct Selling Association (IDSA) there are about 15 large companies...
Sumes Dewan, Partner, KR Chawla & Co

Permanent establishment costly despite shutdown

By Sumes Dewan, KR Chawla & Co
Foreign companies operating in India should carefully structure their operations with an eye on the tax collector. Shutting down a permanent establishement (PE) does not necessarily allow companies to avoid taxes in India if their...
Arun Balasubramanian,Linklaters

Opportunities arise as standards converge

By Arun Balasubramanian, Linklaters
The International Accounting Standards Board recently reported the announcement by the Council of the Institute of Chartered Accountants of India (ICAI), at its July 2007 meeting, that Indian accounting standards will achieve full convergence...
Sanjay Asher,Partner,Prerak Ved,Associate,Crawford Bayley & Co

Public offerings in India: Some recent developments

By Sanjay Asher and Prerak Ved, Crawford Bayley & Co
India’s capital markets, and consequently its capital markets regulator (that is the Securities and Exchange Board of India or “SEBI”) and its regulations, have developed at a frenetic pace in the last few years. The...

Nerves of steel

The largest takeover ever attempted by an Indian corporation has helped forge new laws in two countries Raghavendra Verma reports from New Delhi Competing schemes, an accelerated auction, offer prices distorted by time considerations and...

Where are the lawyers?

Unprecedented demand for legal work has created an acute shortage of lawyers. International law firms have exacerbated the problem by storming the Indian recruitment market Dinesh Sharma reports The dramatic increase in legal work in...

The cost of fake books

The fight against book piracy is indicative of a wider problem: Even the most comprehensive laws don’t guarantee practical protection Alfred Romann explains Propped up on the bookshelf is a copy of Amartya Sen’s The...

Legislative and regulatory update – October 2007

Banking Banks have to provide borrowers with a copy of any loan agreement, the Reserve Bank of India (RBI) said on 22 August. According to the RBI, some banks were violating the Guidelines on Fair...

India head moves to Cassin Law

Prominent India expert Russell Stamets joined international law firm Cassin Law in September where he will concentrate on India-related foreign direct investments, corporate finance, acquisitions, joint ventures and licensing arrangements. Stamets previously headed the...

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