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Anuj Bhasme and Gaurav Dugar at Shardul Amarchand Mangaldas & Co

Digital wallets in India: The road ahead for India’s fintech?

By Anuj Bhasme and Gaurav Dugar, Shardul Amarchand Mangaldas & Co
Financial technology (fintech) in India has been attracting significant attention from legacy financial services providers, venture capitalists and regulators alike. A recent KPMG and NASSCOM study suggests that the Indian fintech ecosystem could grow...

Non-disclosure agreements in employment contracts

By Manishi Pathak, Cyril Amarchand Mangaldas
The emerging role of know-how and innovative ideas in the success of companies in India has resulted in an increasing reliance on restrictive covenants, primarily aimed at preventing present and former employees from disseminating...

Enforcing of non-compete clauses in investment pacts

By Akshat Pande and Sumit Roy, Seth Dua & Associates
Shopping online has grown exponentially in India. So it’s no surprise that investments in e-commerce companies have been the trend for the past few years. Notably e-commerce companies which operate and manage online portals...
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Welcome move on escrow and deferred consideration

By Saurabh Tiwari and Saurav Bhaumik, Luthra & Luthra
The Reserve Bank of India (RBI), by a notification dated 20 May, eased restrictions on certain deal structuring tools, i.e. payment of consideration on a deferred basis, escrow and indemnity. To facilitate cross-border M&A,...
A feature image of both Vivek Vashi and Aishwarya Singh in an article about post-date cheque clause.

Is your post-dated cheque just a security or more?

By Vivek Vashi and Aishwarya Singh, Bharucha & Partners
After a series of decisions delivered by different high courts, the Supreme Court of India, in the case of Sampelly Satyanarayana Rao v Indian Renewable Energy Development Agency Limited, has resolved the controversy as...
by-bhumesh-verma-and-anandini-kumar-link-legal-india-law-services

A watchdog persona: Non-executive directors

By Bhumesh Verma and Anandini Kumar, Link Legal India Law Services
Directors, being the controlling mind of a company, are in charge of its governance and management. While some directors are employed by the company whole time, others contribute their experience and reach in an...
A photo of Gautam Khurana and Abhishek Hans

GST is fast approaching: Is your business ready?

By Gautam Khurana and Abhishek Hans, India Law Offices
India has long earned brickbats for the complexity of its tax regime and the difficulty in carrying out business in the country. After years of consideration, goods and services tax (GST) is expected to...

Bombay Stock Exchange faces legal and regulatory hurdles

The Bombay Stock Exchange and the National Stock Exchange of India are gearing up for their own listings but they still face legal and regulatory hurdles. Nandini Lakshman reports For quite some time, the highly profitable stock exchanges...
Rahul Sud, Associate Partner at SNG & Partners and Amit Aggarwal, Partner at SNG & Partners

Bank guarantees: Limiting the enforcement period

By Amit Aggarwal and Rahul Sud, SNG & Partners
The banks in their normal course of business issue guarantees against deposit of margin money on behalf of their clients in favour of government or government-owned entities. Banks need to know with certainty their...

Legal process pioneers

India Business Law Journal identifies six leading services providers that have helped transform the legal landscape. Rebecca Abraham reports In May BakerHostetler, a US law firm, began using an artificial intelligence (AI) lawyer to work alongside...
A feature image about successful joint venture in India

Double act

Gautam Khurana and Savitri Parekh discuss what it takes to launch a successful joint venture in India. As the demands and buying power of Indian consumers rises, the market for new products and services previously unaffordable...

Falling out of favour

The removal of Tata Sons’ chairman Cyrus Mistry cast a spotlight on an unfolding boardroom drama. But what are the legalities? Nandini Lakshman finds out Boardroom dramas are not new to India. Neither are they rare. But...

In-house beat

As a child, Atanu Sarkar stood in awe of his father and other legal stalwarts who floated in and out of his home, leafing through dusty law books amid the clatter of typewriters. He began his...

Mere allegation of fraud does not rule out arbitration

Allowing an appeal in A Ayyasamy v A Paramasivam & Ors, the Supreme Court recently held that where there are simple allegations of fraud touching upon a party’s internal affairs, and there is no...
parveen-mahtani-is-a-corporate-counsel

Real estate act needs more work

Parveen Mahtani argues that some basic issues are yet to be adequately addressed The Real Estate (Regulation and Development) Act, 2016, has received presidential assent and certain sections have been notified. The act is a...

Class action complaints can be filed for benefit of all consumers

In Ambrish Kumar Shukla & 21 Ors v Ferrous Infrastructure Pvt Ltd, the full bench of the National Consumer Disputes Redressal Commission (NCDRC) recently held that a complaint under section 12(1)(c) of the Consumer...

Termination justified due to loss of confidence

In Johnson & Johnson Ltd v Gajendra Singh Rawat, Delhi High Court recently upheld the dismissal of an employee who had stolen confidential documents and threatened to circulate them to government departments and others. Rawat,...

Construction workers are not factory workers

In Lanco Anpara Power Limited v State of Uttar Pradesh & Ors, the Supreme Court held that construction workers are not covered by the Factories Act, 1948. They are therefore entitled to the welfare...

Single licence sufficient to play songs in public

In International Confederation of Societies of Authors and Composers (CISAC) v Aditya Pandey & Ors, the Supreme Court recently upheld a Delhi High Court ruling that event organizers need not secure licences from lyricists...

Venture capital investors get clarifications

Earlier this year, the Reserve Bank of India (RBI) amended schedule VI of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (TISPRO regulations), which govern...
dollar_maze_illustration

Automatic route for ‘other financial services’

The Reserve Bank of India (RBI) amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (TISPRO regulations), on 9 September to allow foreign direct investment...
Khaitan takes two for tax

Data on advance pricing agreements released

The Central Board of Direct Taxes announced on 23 September that it had entered into five unilateral advance pricing agreements (APAs), one of which includes a rollback provision. This brings the total number of...

Pay limits eased for company managers

The Ministry of Corporate Affairs has amended schedule V of the Companies Act, 2013, doubling the maximum amount of remuneration that a public company with inadequate or no profits is permitted to pay its...

Chinese companies buy ACR Capital

Two Chinese state-owned investment companies – Shenzhen Qianhai Financial Holdings and Shenzhen Investment Holdings – have acquired ACR Capital Holdings, the owner of Singapore’s largest reinsurance company. ACR’s owners include London-based private equity firm...

Edelweiss adds spice with Masala bonds

ECL Finance has completed its debut overseas issue of ₹5.02 billion (US$75 million) in 9.05% rupee-denominated US-dollar-settled senior secured notes, known as masala bonds. The unrated bonds are proposed to be dual listed on...

Emerald Media buys into YuppTV

Emerald Media, a pan-Asian platform established by private equity firm Kohlberg Kravis Roberts (KKR) to invest in the media and entertainment industries across Asia, has acquired a minority stake in YuppTV for US$50 million. YuppTV...

Manpasand beverages in QIP

Manpasand Beverages closed a qualified institutional placement after raising ₹5 billion (US$75 million). The company manufactures fruit drinks with a primary focus on mangoes. It targets customers based in semi-urban and rural markets, particularly in...

Ministry of Mines completes offer for sale

The government has sold 64.77 million shares in Hindustan Copper for roughly ₹4 billion (US$60 million) in an offer for sale on the Indian stock exchanges, pursuant to Regulation S and Rule 144A under...

DSG sells Veeba food services shares

DSG Consumer Partners, an investment company focused on consumer businesses, has sold part of its stake in Veeba Food Services to Verlinvest Asia, a family-owned holding company for diversified consumer-focused investments, with headquarters in...
tyre

Apollo Tyres global counsel joins HSA

Atulya Sharma, formerly global chief legal counsel at Apollo Tyres, has joined HSA Advocates in Delhi as its ninth banking and finance partner. Sharma has 23 years of experience across the banking, finance, projects and...
Link Legal adds associate partner

AZB attracts PDS partners

Deepak Chopra, formerly a partner at PDS Legal, has joined the partnership at AZB & Partners in Delhi. He will head the firm’s tax litigation practice and work closely with the tax and competition...

Link Legal promotes two to associate partner

Link Legal India Law Services has promoted principal associates Abhishek Sharma and Sarojanand Jha to associate partner. Sharma and Jha handle civil, criminal and commercial litigation matters, appearing before various courts, tribunals and authorities. They...

Phoenix promotes partner in Chennai

Sriram Ramachandran, a corporate lawyer at Phoenix Legal, has joined the firm’s partnership. Ramachandran, who has been with the firm since 2010, was instrumental in setting up the firm’s operations in Chennai and divides his...

Argus pulls in P&P Legal

P&P Legal, a law firm run by Prakash and Pratish Panjabi, has merged with Argus Partners. “In the banking space we advise a lot of private banks, institutions and funds,” Krishnava Dutt, the managing partner...

Basu becomes India group co-chair at Reed Smith

International law firm Reed Smith has appointed Ranajoy Basu, a London-based structured finance partner, as the co-chair of its India group. Basu will lead the group along with India group chair Gautam Bhattacharyya. Reed Smith’s...

Dodd launches new firm

Pooja Dodd, formerly a partner at LexOrbis, has launched her own intellectual property boutique, Dodd & Co. Speaking about her decision to go solo, Dodd said there was “a more targeted demand for bespoke legal...
Business Law Journal, letter to the editor

A bold move?

Dear Editor, Most of India has been standing in queues outside banks to exchange the now useless 1,000 and 500 rupee notes. Despite the frustrations to the population and the cost to the economy many...
India Business Law Journal

Reap what you sow?

AThe surprise withdrawal of 86% of the total value of currency in circulation in India began just as the results of the elections in the US began trickling in. The two events have triggered...

Everstone and Sunrise BPO acquire C3

Everstone Group and Sunrise BPO have agreed to acquire C3/CustomerContactChannels Holdings, a company offering business process outsourcing for customer management solutions. Based in the US and with operations in the Philippines and Guatemala, C3 serves...
China Business Law Journal

Stars of legal profession

In this issue, China Business Law Journal presents our inaugural A-List of the top 100 private practice lawyers for the China market, a list our editorial team compiled based on extensive research into the...

Complex CFD finances Hinkley Point C

Some of the most complex financing structures in the world were put in place to pave the way for the development of Hinkley Point C (HPC), a headline-making Chinese-funded nuclear power investment project in...

‘More to follow’ first SDR bonds issuance

Legal experts expect more financial institutions to follow the lead of Standard Chartered Bank, which recently issued its bonds denominated in special drawing rights (SDR), the first such issuance by a commercial entity. “As the...
Rossari Biotech

Micro-credit IPO ‘has its benefits’

Despite being unpopular with authorities, there are advantages to listings of micro-credit companies, said a lawyer who worked on Quanzhou Huixin Micro-credit’s IPO on the main board of the Hong Kong Stock Exchange (HKEx),...
Juris Corp partnership

AnJie recruits three partners

AnJie Law Firm recently appointed three new partners to join its Beijing office, including an intellectual property (IP) veteran and two private equity and venture capital (PE/VC) experts. James Ma is experienced in patents, trade...

FTZ tie-up for Fidelity, Hogan Lovells

After more than a year of weighing up a possible relationship, Hogan Lovells lawyers say, the firm has finally tied the knot and launched an association with Fujian Fidelity Law Firm in the Shanghai...

PRC sets up bankruptcy courts, launches info website

The People’s Republic of China recently launched two initiatives that are related to enterprise bankruptcies. On 1 August 2016, the Supreme People’s Court (SPC) launched the Information Website for National Bankrupt Enterprises Recombinational Cases. The...

Measures aim to toughen up on online food safety

The China Food and Drug Administration (CFDA) has released the Measures of the Investigation and Punishment of Illegal Conducts Concerning Online Food Safety (order No. 27), governing online activities by food producers and operators,...

Rules bring focus to electronic data collection and review

On 9 September 2016, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued the New Rules on Electronic Data Collection, Extraction and Review in Criminal Cases, which...

Substantial changes in China-Russia tax treaty

The new China-Russia Double Tax Treaty and its protocol entered into force on 9 April 2016, and will apply to income derived on or after 1 January 2017. The treaty contains some notable changes. Zero...

Arbitration in Asia: the present and future

Arbitration has gained a greater level of acceptance and greater enforceability across the Asian countries than ever before. It is very much a result of the trend that countries in Asia are increasingly involved...

Seat of arbitration debate and the New York Convention

With increasing internationalization and a rising number of cross-border disputes, at present, in practice, some parties have been opting to apply to such international arbitration institutions as the Hong Kong International Arbitration Centre (HKIAC),...

New restructuring rules for backdoor listings

By Jiang Fengtao and Liu Bing, Hengdu Law Firm
In September 2016, the China Securities Regulatory Commission (CSRC) issued its Decision on Amending the Administrative Measures for Material Asset Restructurings of Listed Companies and additionally made revisions to three complementary documents: the Interim...

Legal risks in enterprise trademark assignment

By Wang Yadong and Lu Lei, Run Ming Law Office
A trademark is one of the core intangible assets of enterprises, and trademark assignment refers to the transfer of the exclusive right to use the trademark from one party to another. Trademark assignment is...

Measures for success in trade secret lawsuits

By Sun Jinlin, Jincheng Tongda & Neal
China has developed a comprehensive legal system composed of laws, regulations and judicial interpretations to protect trade secrets. Right holders may protect their interests through administrative complaints, civil actions or even criminal prosecution, but...

Reflections on sound marine insurance legislation

By Mervyn Chen, Wintell & Co
The Supreme Court of the UK recently concluded the Versloot Dredging case, rendering a victory to the insured by a vote of four to one. This ruling has dealt a significant blow to the...

Tech upgrade, transformation and relocation for M&A

By Sun Yunzhu and Zou Qing, East & Concord Partners
In recent years, many high-pollution and hazardous chemical enterprises have been required to eliminate outdated production facilities, change their lines of production or simply close down their business or relocate assets, as required by...

New incentive policy for Shanxi PPPs

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
Compared with the vigorous growth of PPP (public-private partnership) projects across the country, there are only 31 PPP projects recorded in Shanxi province with a total investment of about RMB51.7 billion (US$7.7 billion). In...

Tips for employers on non-compete compensation

By Liu Zhenghe and Samuel Yang, AnJie Law Firm
Under PRC law, an employer needs to pay compensation to an employee for his or her fulfilment of non-compete obligations (non-compete compensation). In practice, due to defects in the form and standard of non-compete...

Online payment industry issues to be further clarified

By Ben Chai and Cloud Li, DaHui Lawyers
In the past few years, the People’s Bank of China (PBOC) and government authorities have conducted investigations of illegal or irregular third-party payment businesses in China. The result of those efforts has in part...

Service address clauses prevent future difficulties

By Efar Zhou, Martin Hu & Partners
In contract negotiations, notice clauses get little regard compared to other contract terms – e.g., price, liability for breach of contract and other such terms – to the point that most contracts do not...
Richard-Catling-Al-Tamimi-Company-高级律师-Senior-Associate-Al-Tamimi-Company

Corporate governance in onshore UAE companies

By Richard Catling, Al Tamimi & Company
Investing in developing consumer markets and less developed economies comes with its own particular risk. A significant consideration is the parlous state of corporate governance that is often the norm in companies that otherwise...

Bar examinations

PREVIOUS COLUMNS of Lexicon have explored issues concerning the regulation of lawyers, both domestic lawyers and foreign lawyers, in mainland China and other jurisdictions (see China Business Law Journal volume 1 issue 6: Terms...
friction

A fraction too much friction

The Ministry of Commerce has described China’s foreign trade situation as “complicated and severe”. With trade frictions mounting and protectionism rising, Chinese exporters face considerable uncertainty and should not be blindly optimistic. Vanessa Ip reports The world...
blocks

Building blocks

Infrastructure is key to China’s economic and social progress, but building a sound legal framework may be more urgent than beginning construction. Richard Li reports The promotion of the public-private partnership (PPP) model was one of the...
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Unity in Asia?

A new institute was formed earlier this year to champion the cause of business law convergence in the region. A key supporter, Singapore’s Chief Justice Sundaresh Menon, tells John Church about the possibilities A growing number of people believe...

The A-List: China’s Top 100 Lawyers

The A-List China's Top 100 Lawyers 2021 The A-List China's Top 100 Lawyers 2020 The A-List China's Top 100 Lawyers 2019 The A-List China's Top 100 Lawyers 2018 The A-List China's Top 100 Lawyers 2017 Based on extensive editorial...

The A-List 法律精英

BASED ON RESEARCH CONDUCTED BY CHINA BUSINESS LAW JOURNAL, THE FOLLOWING ARE THE TOP 100 LAWYERS FOR CHINA PRACTICE, AND THEIR KEY PRACTICE AREAS. DETAILED BIOGRAPHIES AND CONTACT INFORMATION, WHERE PROVIDED, WERE WRITTEN BY...

The A-List: INDIA’S TOP 100 LAWYERS

Based on research conducted by India Business Law Journal in association with the Indian Corporate Counsel Association, the following are India’s top 100 lawyers (excluding senior counsel). Biographies and contact details, where provided, were...

UNCITRAL Emergence Conference

For free registration and programme details, please click on this link 2016-uncitral-emergence-conference_programme    

UNCITRAL International Conference

For free registration and programme details, please click on this link programme-new-delhi-conference

World IP Forum 2017

China Business Law Journal

Facing up to conflict

Most people long for a smooth and harmonious life, but conflicts and divergences are more the reality. The key is to address the problems, rather than run away from them. For the development of dispute...
Stock Market

PSBC’s IPO breakthrough saves the deal

The Postal Savings Bank of China’s (PSBC) US$7.4 billion initial public offering on the Hong Kong Stock Exchange (HKEX) made a crucial breakthrough on the listing rules, said a legal expert involved. Tim Wang, China...
Public

Expert warns on challenges of take private transactions

A legal expert involved in Dangdang’s take-private transaction reminds companies that such a transaction is a long and complicated process, with related parties needing to overcome many obstacles. Shearman & Sterling was US legal counsel...

KWM expands Hong Kong IPO team

John Baptist Chan recently joined King & Wood Mallesons’ (KWM) Hong Kong office as a partner in its corporate & securities practice. Chan specialises in corporate finance, capital markets and mergers and acquisitions law, and...

ISDA publishes comprehensive China-specific memorandum

The International Swaps and Derivatives Association (ISDA) recently published its first industry-wide PRC legal memorandum to analyze a range of legal issues that may affect the validity of the association’s collateral arrangements under PRC...
Leadership

AnJie looks west to continue expansion

Asenior executive of Beijing-headquartered AnJie Law Firm said the firm’s newly launched Shenzhen office is not the end of an expansion that may see the firm target western China next. Zhan Hao, managing partner of...

Interpretation clarifies criteria, punishment for bribery offences

The Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP) released the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Related to Graft and Bribery, which includes clarifying...

Authorities issue guidelines for HNTE recognition

On 22 June 2016, the Ministry of Science and Technology, the Ministry of Finance and the State Administration of Taxation (SAT) jointly issued the revised Working Guidelines for the Recognition and Administration of High...
mindcrest

Measures increase company responsibility for labour unrest

On 25 July 2016, the Ministry of Human Resources and Social Security issued the Measures for the Rating of Enterprises’ Labour Security Compliance. Under these measures, the labour authorities will rate each company every...

Time and cost management in arbitration

Time and costs are two challenging issues in the world of commercial arbitration today, so reflected by the latest Survey by Queen Mary University of London and White & Case. China International Economic and Trade...
exploring-the-mindset-of-an-arbitrator

Exploring the mindset of an arbitrator

The collective mentality of legal professionals is always similar in applying laws to facts. Advocates, professors, judges or arbitrators are all used to verifying the existence, the content and the relevance of rules and...

Institutions in China for international arbitration

As China plays an increasingly important part in the world economy, international commercial disputes involving China parties have shown a trend of rapid growth. Data released by China Academy of Arbitration Law in September...

Developments on enforcing arbitral awards

The Deputy Head of the Supreme People’s Court (SPC) Fourth Civil Division, Liu Jingdong, recently revealed that the SPC is considering applying the reporting system for the enforcement of international arbitration awards to domestic...

Properly handling liquidation and deregistration of FIEs

With the advancement of China’s industrial transformation and upgrading, as well as the reform of the supply front, many foreign-invested enterprises (FIEs) that cannot be successfully transformed are facing dissolution and liquidation. However, according...

Anti-takeover clauses in AOA: where is the red line?

By Jiang Fengtao and Liu Bing, Hengdu Law Firm
The listed company “AOA War” recently spread to the A share market. For listed companies, the insertion of anti-takeover clauses in their articles of association (AOA) is the most economical and effective means of...

The role of lawyers in IP due diligence

By Han Yufeng and Lu Lei, Run Ming Law Office
Intellectual property due diligence (IPDD) refers to a series of legal activities that investigate, identity and systematically sort out the situation of intellectual property (IP) assets, confirm the status of IP rights, find real...
金诚同达律师事务所上海办公室主任及高级合伙人赵平;金诚同达合伙人刘建强-Zhao-Ping-and-Frank-Liu

Boundaries between fair use and abuse of IP rights

By Zhao Ping and Frank Liu, Jincheng Tongda & Neal
The legislative intent of intellectual property (IP) law is to encourage and protect innovation, and confer legal rights on IP rights owners to restrict others from using their IP, as well as charge a...

Fraud shows shortcomings in insurance monitoring

By Sam Zhao, Wintell & Co
Shanghai High People’s Court made a final judgment on the fund-raising fraud case involving the former actual controller, Chen Yi, and former senior executive, Jiang Jie, of Shanghai Fanxin Insurance Agency on 8 December...

Dispute resolution methods in M&A

By Moon Yan, East & Concord Partners
In acquisition agreements there is one important provision that fails to draw the attention that it deserves, namely, the provision on the dispute resolution method. According to the author’s experience, in many commercial acquisitions...

Lifelong liability aims to improve oversight of SOEs

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
On 23 August, the General Office of the State Council issued the Opinions on Establishing a System for Pursuing Liability for Illegal Operations and Investments by State-Owned Enterprises. The opinions are an integral part...
作者:安杰律师事务所高级顾问吴立;-安杰合伙人董箫-Wu-Li-is-a-senior-consultant-and-Arthur-Dong-is-a-partner-at-AnJie-Law-Firm

Coming to terms with the US introduction of DTSA

By Wu Li and Arthur Dong, AnJie Law Firm
Q: What’s the relevant background to the US promulgating the Defend Trade Secrets Act of 2016 (DTSA)? A: The trade secret is the proprietary information of commercial value. In today's era of information technology, the...

Interest on construction costs under invalid contracts

By Xu Yinzhe, City Development Law Firm
Invalid construction contracts are a common problem that construction lawyers need to face. In the daily preparation of litigation documents, the author often encounters problems concerning how to claim relevant interest on construction costs...

Legislative outlook for the Telecom Law

By Ben Chai and Cloud Li, DaHui Lawyers
When the first draft of the Telecom Law was circulated in 1980, there was substantial interest surrounding this would-be bedrock telecom legislation. Although never finalized in the decades since, this piece of legislation was...
光律师事务所律师王逸骏-Michael-Wang-is-an-associate-at-Martin-Hu-Partners

Avoiding uncertainty over validity of arbitration clauses

By Michael Wang, Martin Hu & Partners
Although there are certain differences across the world concerning the determination of the severability of arbitration clauses, a doctrine is widely accepted: while an arbitration clause forms part of the contract, it is separable...
SCOTT LAMBERT from Al Tamimi & Company is the Regional Head of Construction & Infrastructure at the Al Tamimi & Company talks about the UAE construction law

UAE law and construction contracts

By Scott Lambert, Al Tamimi & Company
It is usual for construction and infrastructure projects in the UAE to be procured under FIDIC-based construction contracts, with varying degrees of amendment. Although FIDIC (International Federation of Consulting Engineers) contracts are generic and...

China in check

China’s arbitration practice has its own development track, but how should it assimilate with international norms? Richard Li reports Shanghai, the jewel in the crown of China’s financial landscape, has recently made a name for...
bite-of-apple

A big bite of apple

Daniel Roules, Linda Pfatteicher and Mitch Thompson analyze how the EU state aid case against Apple is causing concern for Chinese and other investors around the world The recent release by the European Commission (EC) of its...

Melding spear & shield

Internet finance has been one of the hottest emerging sectors in recent years, but how do corporate counsel in this industry find a balance between business performance and the law? Richard Li explores this dilemma in an...

Goods versus service: Is classification relevant?

By L Badri Narayanan, Lakshmikumaran & Sridharan
One of the principal problems that has caused the indirect tax regime in India to be complex and cascading is the delineation of taxing powers between the centre and the states. The centre collected...

Recent measures a fillip for nascent bond market

By Sawant Singh and Aditya Bhargava, Phoenix Legal
With ever increasing levels of non-performing assets (NPAs) in the banking system, the Reserve Bank of India (RBI) has been seeking ways to reduce the burden of providing credit on banks. In particular, the...

Monitoring and managing risks vital in PPP projects

By Ajoy Halder, HSA Advocates
In Asia, including in India, risk management issues arise in public-private partnership (PPP) projects. If the risks associated with a PPP project are not regularly monitored and managed, it may delay the implementation of...
anu-susan-abraham-and-anandita-kaushik-shardul-amarchand-mangaldas-co

Asset reconstruction: Are latest amendments enough?

By Anu Susan Abraham and Anandita Kaushik, Shardul Amarchand Mangaldas & Co
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), was enacted to allow for the registration and regulation of asset reconstruction companies (ARCs) by the Reserve Bank of...

Make in India a win-win for local and foreign companies

By Gautam Khurana, India Law Offices
Make in India is a scheme brought in by the government in 2014 to achieve the super thrust in manufacturing and growth that India has been anticipating for years. The highly publicized scheme has...
illo_02_law_new

Self-represented parties

It is a fundamental principle that a defendant in criminal proceedings should have the right to be represented by a lawyer. Even in criminal proceedings, however, a defendant may choose to be self-represented. This article starts...

‘Sexual harassment’: Scope as viewed by Indian courts

By Rashmi Pradeep, Cyril Amarchand Mangaldas
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), sets out obligations for the employer, including the requirement to recognize sexual harassment as “misconduct” under service rules and...

No tax on offshore transfer if IP owner located abroad

By Atul Dua and Upvan Gupta, Seth Dua & Associates
In the current era of globalization, it is quite common for a business as a whole to be transferred on an “as is where is” basis, without any modification in the prevailing business structure....

Liberalization of FDI in financial services sector

By Dipti Lavya Swain and Prateek Rastogi, Luthra & Luthra
Implementing the change announced in India’s budget for 2016-17, the Reserve Bank of India (RBI) on 9 September liberalized the norms for foreign direct investment (FDI) in the financial services sector. The effect is...

The A-List 2016

India Business Law Journal teamed up with the Indian Corporate Counsel Association to compile a definitive list of the country’s most recommended private practice lawyers. Rebecca Abraham reports ACCESS The A-List What does it take to...
A photo of Vivek Vashi and Shaheda Madraswala

Court rules out extensions for filing written statement

By Vivek Vashi and Shaheda Madraswala, Bharucha & Partners
Delhi High Court in the cases of Gulf DTH FZ LLC v Dish TV India Ltd & Ors and Oku Tech Private Limited v Sangeet Agarwal & Ors has emphasized the legislature’s intent to...

E-contracts: Does clicking ‘I agree’ really work?

By Manish Gupta and Nupur Nadir, Link Legal India Law Services
Electronic contracts, which govern the relationship of parties vis-à-vis an online transaction, are among the most important legal aspects of e-commerce. E-contracts, as they are known, are formed by the interaction of two or...

Lenders and investors wary of real estate regulation act

By Nupur Singh and Jyotika Bajaj, SNG & Partners
Having been in a state of slumber for a while, the real estate sector is expected to gain some confidence with the introduction of the Real Estate (Regulation and Development) Act, 2016 (RERA). While...

Law firm billing rates survey 2016

India law firm billing rates 2009 India law firm billing rates 2010 India law firm billing rates 2011 India law firm billing rates 2012 India law firm billing rates 2013 India law firm billing rates 2014 India law firm billing...

Suitable fixes

Saif Khan and Shobhit Agrawal at Anand and Anand analyse anti-counterfeiting remedies In India the judiciary and law enforcement authorities are well acquainted with the nuances of measures for anti-counterfeiting enforcement. The recognised civil enforcement...

Asian ambition

João Ribeiro has built the United Nations Commission on International Trade Law’s regional centre for Asia and the Pacific from an ambitious pilot scheme into a respected institution, assisting nations in developing sound legal...

In limbo

Brexit talks have slowed in advance of elections across Europe. What should companies do while they wait for negotiations to conclude? Vandana Chatlani reports Last month, former European Council president Herman Van Rompuy told the BBC that...

One step forward, half a step back

Has a lot changed since India amended its arbitration law? Rebecca Abraham investigates Nearly a year after amendments to the Arbitration and Conciliation Act, 1996, came into force, courts across India continue to grapple with questions about...
am-i-an-in-house-non-practising-advocate

Am I an in-house non-practising advocate?

Sourish Mohan Mitra argues that non-litigation legal work should receive due recognition In an attempt to segregate advocates who currently appear before the courts, the Bar Council of India (BCI) is undermining the role of...

Educational exception under copyright act upheld

In The Chancellor, Masters & Scholars of the University of Oxford & Ors v Rameshwari Photocopy Services & Anr, Delhi High Court held that photocopying sections of books in which copyright exists, for use...
confidentiality-clause-seeks-to-restrain-trade-void

Confidentiality clause seeks to restrain trade void

Refusing an injunction in M/s Stellar Information Technology Private Ltd v Rakesh Kumar & Ors, Delhi High Court recently held that employees cannot be prevented from using experience and knowledge gained during the course...

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