Web Analytics


Our publications:
English
Our publications
Home Search

Search results:

Chloe Lin is an associate at Martin Hu & Partners

Breakthrough for identifying foreign-related elements in contracts

By Chloe Lin, Martin Hu
According to the Law on Choice of Law for Foreign-related Civil Relationships, the parties of a contract can choose the applicable law only when the contract contains foreign elements. At the samed im time,...

Tips for safe harbour against port construction risks

By Cao Shan and Lu Yuchen, City Development Law Firm
Port construction is closely connected to a country’s politics, economy and trade, and changes in the external environment will directly affect decision making on port investments. On the other hand, as the construction period...

US policy in anti-dumping investigations unfair to China

By Zheng Xilin , AnJie Law Firm
In recent years, in an effort to further assist the repatriation of the US manufacturing industry and consolidate its economic recovery, the US Department of Commerce has made major revisions to the rules for...

Impact of Commercial Bank Law’s article 43 on PPP projects

By Wang Jihong, Han Jiangyu and Gao Lei, Zhong Lun Law Firm
With the widespread use of the public-private partnership (PPP) model in China, financing channels for projects have increasingly diversified. Bank, trust, fund and insurance channels of capital have all rushed onto the stage of...

Analyzing GP organizational structure of PE funds

By Michelle Jin, PacGate Law Group
Most private equity (PE) funds are established in the form of a limited partnership. The general partner (GP) manages fund matters and bears unlimited joint and several liability for the debts of the fund;...

Corporate governance obstacles in unfriendly M&As

By Dorothy Xing and Shauna Lu, East & Concord Partners
In 2015, the M&A transaction that attracted the most attention must have been the case between Baoneng and Vanke. In July that year, Baoneng Group began increasing its shares in Vanke. By 24 December,...
Wang Yadong is the executive partner and Han Yufeng is a senior IP counsel at Run Ming Law Office

Beijing IP Court receives top marks in first year

By Wang Yadong and Han Yufeng, Run Ming Law Office
With the adoption of the decision by the Standing Committee of the 12th National People’s Congress to establish intellectual property courts, the Beijing Intellectual Property Court was established in November 2014 and has now...

Stay up to speed on compliance measures of corporate IP ownership

By Liu Minxuan, AllBright Law Offices
Intellectual property (IP) ownership is the fundamental principle for IP. We need to first clarify and identify the ownership of IP before we can reasonably distribute benefits between the inventor and the rights holders....

Has SPC finally resolved CIETAC sub-commission controversy?

The battle for jurisdiction between the China International Economic and Trade Arbitration Commission (CIETAC) and its two breakaway sub-commissions, the Shanghai International Economic and Trade Arbitration Commission (also known as the Shanghai International Arbitration...

Tips for international parties considering med-arb

Two parties embark upon arbitration proceedings to resolve a commercial dispute. A tribunal is appointed, legal and factual submissions made, and an oral hearing convened. Mid-way through the first day of the hearing, the...

Third party funding dilemma for international arbitration

The rising popularity of third party funding (TPF) has caught the attention of the international arbitration community. On one hand, TPF is not a new practice at all. Professor Maya Steinitz traces TPF back...
PUZZLE story_2_pic

Chinese and overseas antitrust regulators strengthen co-operation

The Ministry of Commerce (MOFCOM) and the European Commission (EC) entered into a best practices framework in mid-October 2015 for co-operation on reviewing mergers. The framework marks growing co-operation between antitrust regulators and brings...

Beijing labour union measures add to compliance burden

New labour measures adopted by the Standing Committee of the Beijing Municipal People’s Congress are likely to impose additional costs and further administrative burdens on companies in Beijing. Some of the key components in the...

Shenzhen court issues new guidance on labour dispute issues

The Shenzhen Intermediate People’s Court released the full text of its Guidance on Dealing with Labour Dispute Cases in early December, clarifying some major employment issues in this special economic zone. Non-compete. According to the...

VAT zero-rate regime extended to more exported services

Anew zero-rate notice has been effected to grant exported services provided in certain sectors better value-added tax (VAT) treatment. The Notice on the Application of Value-added Tax Zero-Rate to Exported Services Related to Films and...

Meituan and Dianping raise record-breaking venture funding

China Internet Plus Holding (CIP), the holding company formed by Meituan and Dianping, has raised US$3.3 billion in its latest funding round, the largest fundraising of its kind in China. The company is now...

Malaysian sovereign fund invests in China’s financial tech sector

Khazanah Nasional Berhad, the strategic investment fund of the Malaysian government, recently completed its first investment in China’s financial technology sector through investment in WeLab, one of China’s largest mobile lending and credit analytics...
Ecuador oil

China banks lead financing facility for Ecuador

China Orient Asset Management (International) Holding (COAMI), China Orient Summit Capital (COS Capital) and KKR recently formed a strategic partnership to invest in growing distressed debt in China as the economy slows. Statistics from People’s...
debt

China Orient partners KKR to seek returns from unpaid debts

China Orient Asset Management (International) Holding (COAMI), China Orient Summit Capital (COS Capital) and KKR recently formed a strategic partnership to invest in growing distressed debt in China as the economy slows. Statistics from People’s...

GE sells appliance business to Haier

General Electric (GE) has agreed to sell its business, GE Appliances, for US$5.4 billion to Qingdao Haier, the Chinese multinational producer of consumer electronics and home appliances. GE also entered into a long-term agreement...
Story_1_pic

Canadian province adds panda bond offering

The province of British Columbia in Canada issued RMB3 billion (US$456 million) worth of bonds in late January, after the approval it recently gained to register an RMB6 billion bond issuance programme with China’s...
India Business Law Journal

Sea change

The world of offshore opportunities for India-related business is undergoing a transformation that may set tried and tested relationships adrift, writes John Church It used to be that when you mentioned India and offshore investment...
best indian law firms 2015

Indian Law Firm Awards 2015

Indian Law Firm Awards 2023 Indian Law Firm Awards 2022 Indian Law Firm Awards 2021 Indian Law Firm Awards 2020 Indian Law Firm Awards 2019 Indian Law Firm Awards 2018 Indian Law Firm Awards 2017 Indian Law Firm Awards 2016 Indian Law...

The bitter end?

An inside look at how and why a Shree Renuka Sugars subsidiary is filing for bankruptcy protection in Brazil  By Vandana Chatlani In 2010, Shree Renuka Sugars made waves when it journeyed to Brazil to purchase stakes...

Funds in flux

Regulatory hurdles may be less daunting than other problems plaguing private equity investors, Rebecca Abraham reports In September 2015, Baring Private Equity Asia acquired India’s largest cash management company, CMS Info Systems. The deal was significant...
Debanshu Mukherjee

Decoding the bankruptcy code

Proposed changes to the insolvency regime will boost credit markets and entrepreneurship, argues Debanshu Mukherjee  The Insolvency and Bankruptcy Code, 2015, which was introduced in parliament in December 2015, proposes large-scale reforms to India’s corporate insolvency...
By Upasana Rao and Somil Kumar, Trilegal

COMPAT overturns CCI in stem cell banking case

By Upasana Rao and Somil Kumar, Trilegal
The Competition Appellate Tribunal (COMPAT), in an order dated 18 December 2015, set aside a penalty order of the Competition Commission of India (CCI) under section 27 of the Competition Act, 2002, against Dr...
India Business Law Journal

Rebuilding trust in the system

“If you are in trouble you should show that you care by cutting down your expenses” Sensible advice from the governor of India’s central bank, Raghuram Rajan, directed at errant borrowers across the country who...
By Ranjeet Mahtani and Darshi Shah, Economic Laws Practice

Delhi High Court: Licence to manufacture and advertise?

By Ranjeet Mahtani and Darshi Shah, Economic Laws Practice
Delhi High Court delivered a landmark decision on the transfer pricing implications of advertisement, marketing and sales promotion (AMP) expenses for licensed manufacturers in December 2015, in the case of Maruti Suzuki, holding that...

Rules eased for bank units in special finance centres

By Sawant Singh and Aditya Bhargava, Phoenix Legal
As part of a larger policy move to align India’s financial markets with international standards and to clamp down on the diversion of Indian rupee denominated business to offshore locations such as Singapore and...

Insights into changes in the insider trading regulationsc

By Inder Mohan Singh and Sridevi VS, Shardul Amarchand Mangaldas & Co
The Securities and Exchange Board of India (SEBI) has taken further steps to curb insider trading by issuing the SEBI (Prohibition of Insider Trading) Regulations, 2015, effective from 15 May 2015. Insiders, including those...

What’s in a name? Trademarks for film titles

By Manisha Singh and Divya Srinivasan, LexOrbis
India’s film Industry is booming, known to deliver world class films. Every film gets recognition from its name, giving it a sense of identity for the public to relate to or recognize. In 2001, the...

The big reforms arrive with a bang as restrictions eased

By Sundeep Dudeja and Avisha Gupta, Luthra & Luthra Law Offices
India’s government on 10 November 2015 announced significant reforms to further rationalize and simplify the process of foreign direct investment (FDI), putting more FDI proposals under the automatic route and increasing the sectoral caps....

SARFAESI not meant to override rent control laws

By Vivek Vashi, Shreya Ramesh, Bharucha & Partners
In a judgment delivered on 20 January in Vishal N Kalsaria v Bank of India and connected civil appeals, the Supreme Court considered the clash between the scope and application of the Securitisation and...

Employee stock options: What startups should know

By Rajesh Begur, ARA LAW
Employee stock option plans (ESOPs) are being widely used by both public companies and startups as a means of monetary compensation and to provide incentives for employees. While startups use employee stock options in...
By Babu Sivaprakasam, Deep Roy and Megha Agarwal, Economic Laws Practice - 副本

Conflict between company law and the SARFAESI Act

By Babu Sivaprakasam, Deep Roy and Megha Agarwal, Economic Laws Practice
The Indian legal framework for recovery of debt and for dealing with companies in distress is spread across various statutes. Creditors can seek recourse under the provisions of statutes such as the Companies Act,...

Design and structure vital for success of PPP projects

By Hemant Sahai and Soumya Kanti De Mallik, HSA Advocates
The Ministry of Urban Development’s Smart City Mission contemplates significant use of public-private partnership (PPP) structures for financing, developing and operating the smart city projects. In addition to the private capital needed to finance...
Lexicon

Penalty clauses

Acritical issue for contract law is what remedies are available to a party in the event that the other party breaches the contract. Remedies for breach may be available by operation of the law...
Cement_plant_and_production

COMPAT nullifies CCI order against cement makers

By Bhasin & Co, Advocates
Allowing an appeal in Lafarge India Limited v Competition Commission of India & Builders Association of India on procedural grounds, the Competition Appellate Tribunal (COMPAT) set aside a ₹61 billion (US$895 million) fine imposed...
Food_app

Zodius puts funds into FreshMenu

Online food delivery company FreshMenu, owned and operated by Food Vista India, has raised  ₹1.1 billion (US$16 million) in its second round of funding. The round was led by Zodius Capital with additional investment...

No extension for period to reply to complaint

In New India Assurance Co Ltd v Hilli Multipurpose Cold Storage Pvt Ltd, a three-judge bench of the Supreme Court held that a party cannot get more than 45 days to reply to a...

DRT jurisdiction not decided by venue of property

Allowing an appeal in GSL (India) Ltd v Asset Reconstruction (India) Ltd & Ors, Bombay High Court held that the territorial jurisdiction of debt recovery tribunals (DRTs) does not depend on the place where...
Lawyers_and_banana_peel

Borrowers can use advocates before bank body

In Punjab National Bank & Ors v Kingfisher Airlines Limited & Ors, a division bench of Delhi High Court held that borrowers who are to be classified as wilful defaulters and are given an...
facebook

Court restrains ex-employee’s Facebook posts

By Bhasin & Co, Advocates
In Tata Value Homes Ltd & Anr v Nityanand Sinha, Bombay High Court restrained an individual from posting defamatory content on social media about his former employer. The court also directed Sinha, formerly the...

IRDAI regulations on ‘other forms of capital’ notified

The Insurance Regulatory Development Authority of India (IRDAI) has notified the IRDAI (Other Forms of Capital) Regulations, 2015, permitting the issuance of “other forms of capital” such as preference share capital or subordinated debt...
Stock

Procedures for compliance by listed exchanges

The Securities and Exchange Board of India (SEBI) issued a circular on 1 January outlining the procedures for ensuring compliance with the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC regulations),...

Sweeping changes alter arbitration framework

The Arbitration and Conciliation (Amendment) Ordinance, 2015, which substantially amends the provisions of the Arbitration and Conciliation Act, 1996, received presidential assent on 23 October 2015. It was notified in the form of the Arbitration...

Guardian Life leaps for Aon

The Guardian Life Insurance Company of America, through its Reed Group subsidiary, has acquired Aon Hewitt’s absence management administration business in India, the US and Canada. The purchase makes the Reed Group the largest third...
Newssolar

Solar power plant to light Telangana

A team from Cyril Amarchand Mangaldas, led by partner Alice George, acted as the Indian legal counsel to Belectric Photovoltaic India on the engineering, procurement and construction contracts for the development of a 61.38...

Spencer’s sews up Omnipresent deal

Spencer’s Retail, part of the RP Sanjiv Goenka Group, has acquired 100% of Omnipresent Retail India for US$1.5 million. Spencer’s is a multi-format retailer which provides consumers with a range of food, personal care, fashion,...

Texmaco bites into Bright Power

Texmaco Rail & Engineering has purchased a 55% stake in Bright Power Projects (India) for ₹385 million (US$5.6 million). Bright Power is an engineering, procurement and construction company that specializes in “over-head electrification” for the...

New grouping for law firm networks

The Association of International Law Firm Networks (AILFN) was set up in December 2015 to create a platform for global and regional legal networks to harness their collective strength and demonstrate their competitive edge over international...

Cube hops on NCC, Gayatri highway

Singapore-based Cube Highways and Infrastructure has agreed to acquire Western UP Tollway for around ₹5.75 billion (US$85 million), subject to certain closing adjustments. Cube Highways, which focuses on transport infrastructure in India, will purchase...
Man in suit jumping between towering rocks

CAM lawyer now Juris Corp partner

Juris Corp has appointed Abhinav Surana as a partner. Surana joins from Cyril Amarchand Mangaldas (CAM), where he was a principal associate. Surana has eight years of experience advising on private equity, M&A and joint venture...
Kapil Chaudhary is the corporate counsel for India and the South Asian Association for Regional Cooperation region at Autodesk India

Chaudhary is new Autodesk GC

Kapil Chaudhary, formerly counsel at IBM in Singapore, has joined Autodesk as its general counsel for India and the South Asian Association for Regional Cooperation region. At IBM’s services integration hub in Singapore, Chaudhary led...

Former CCI chair joins CAM board

Ashok Chawla, the former chairperson of Competition Commission of India, joined the strategic advisory board of Cyril Amarchand Mangaldas (CAM) on 15 January, after his tenure at the CCI ended on 7 January. The board...
China Business Law Journal

The road ahead

Monkey King is probably the most famous Chinese monkey. In the Lunar New Year of the Monkey, Chinese economic prospects might seem to carry a parallel to the Monkey King’s Journey to the West...

Singapore firm hires India head

Palash Gupta, formerly the general counsel of Elevar Equity, has joined young Singapore law firm Collyer Law as a director and head of its India desk. A graduate of the National Law School of India...

Departures dent Jones Day’s India team

Jones Day has suffered three key departures from its India team. Capital markets partner Manoj Bhargava, M&A partner Sumesh Sawhney and of counsel Ankit Kashyap all left the firm in recent weeks. Bhargava, who is...
Business Law Journal, letter to the editor

Lawyers’ tales: Good read

Dear Editor, I am in Bangalore and just read The India Diaries in the December/January issue of India Business Law Journal. What a fabulous article and great to see so many India stories from so...
Christoph Niederer is a partner and the head of Zurich Tax Department, and Fiona Gao Yue is an associate of China Desk at VISCHER.

Automatic Exchange of Information from a Swiss perspective

By Christoph Niederer and Fiona Gao Yue, VISCHER
Chinese and Hong Kong-controlled Swiss companies, as well as many Hong Kong or mainland China residents – directly or indirectly through companies domiciled in offshore jurisdictions – hold accounts or deposits with Swiss banks....
Zhang Jida and Owen Yang are partners in the Beijing office of DaHui Lawyers

Using offshore structures in outbound investment

By Zhang Jida , Owen Yang ,DaHui Lawyers
The numbers of Chinese enterprises engaging in foreign investment has been increasing in recent years. This can be attributed to the central government’s “Going Out” strategy, which encourages domestic enterprises to invest in overseas...

Middle East shows resilient growth despite the gloom

By Samer Qudah , Hamad Haider, Al Tamimi & Company
As the year 2016 commences, the Middle East faces another combination of socio-political and economic challenges. In a post-Arab Spring Middle East, the so-called Islamic State extremist group poses a real threat to global...

About us

Established in 2006, Law.asia is an independent B2B media company based in Hong Kong. Through our websites, videos, social media and print publications, we specialise in the provision of high-quality business law information, analysis...

China Lexicon

China Lexicon – 商法词汇 By Andrew Godwin - 葛安德 Fully bilingual – English and Simplified Chinese NOW AVAILABLE FOR ONLINE PURCHASE China Lexicon is a unique bilingual guidebook covering the complex issues that arise when translating legal terms...

Terms & conditions of use

TERMS AND CONDITIONS OF USE Last update: 6 October 2020 1. Introduction LAW.ASIA is produced by Vantage Asia Publishing Limited, an independent publisher based in Hong Kong. These Website Standard Terms and Conditions (the “Terms” or the “Website...

IBLJ – November 2015

Volume 9, Issue 5 If you are a subscriber, please sign in below. Highlights: Chasing capital: What’s in store for cash-hungry companies? The menace of media piracy Legal process outsourcing awards Indian law firms’ trials with overseas...

India Business Law Journal

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 LI TWT FB 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

International India Conference

Organizer: iTechLaw Contact: International Technology Law Association 401 Edgewater Place Suite 600 Wakefield, MA 01880 USA

2016 International Asia-Pacific Conference

Organizer: iTechLaw Contact: International Technology Law Association 401 Edgewater Place Suite 600 Wakefield, MA 01880 USA

2nd IIPLA Annual Congress 2016

Organizer: IIPLA International Intellectual Property Law Association Contact: Praveen Kotiyal Manager: Conference & Marketing Phone: +1 408 705 4644 Fax: +1 408 273 6357 www.iipla.org

8th Global Intellectual Property Convention (GIPC) 2016

Organizer: ITAG Business Solutions Ltd. Intellectual Property Consultants Subham Plaza, Suite #1C, 1st Floor, 83/1, Beliaghata Main Road, Kolkata - 700 010, WB, India Phone: +91 33 2363 3924
Lexicon

MAC clauses

A key purpose of many commercial contracts is to allocate risk between the parties and identify what consequence should arise if any economic or financial risks increase as a result of a change in...

New Swiss acts to regulate cross-sector financial products

By Adrian Dörig and Dominic Wyss, VISCHER
On 4 November 2015, the Swiss Federal Council adopted the dispatch on the Financial Services Act (FinSA) and on the Financial Institutions Act (FinIA). Both acts are the result of a project to prepare...
Zhang Jida and Owen Yang are partners in the Beijing office of DaHui Lawyers

Legal risks in overseas real estate investments

By Zhang Jida and Owen Yang, DaHui Lawyers
In recent years, following the influence of real estate control policies in first-tier cities, reduced domestic investment channels, renminbi appreciation and the rebound of real estate markets in Europe and the US, an increasing...

Demystifying Middle East regulatory systems

By Jody Glenn Waugh and Ashish Banga, Al Tamimi & Company
The Middle East can, for some, represent an unknown quantity and the prospect of conducting business in the region is a daunting one. The reality is quite the opposite. Although there are peculiarities that...
Vivek Kashyap is a senior associate and Akriti Kapoor is an associate at LexOrbis

Commercializing IP and benefit sharing under India’s BD Act

By Vivek Kashyap and Akriti Kapoor, LexOrbis
India has made substantial efforts to protect and conserve its biological diversity by implementing stringent laws and policies. The patent applications in India that use and/or access biological resources need to conform to the provisions...

The properties and applications of a performance bond

By Blake Yang, Martin Hu & Partners
In China, the concept of a performance bond is derived from the laws and regulations of bidding and governmental procurement. Its applications, however, have long been beyond that. They usually appear in any major...

Contract management crucial when responding to OBOR

By Zhu Shuying, City Development Law Firm
The interconnecting infrastructure of countries along the route for the One Belt, One Road (OBOR) initiative is relatively backward, with an urgent need for investment in, and construction of, such infrastructure as ports, airports,...
Wang Jihong

Clarity needed on PPPs and concessions

By Wang Jihong and Miao Juan, Zhong Lun Law Firm
From fledgling concessions to public-private partnerships (PPPs) that are sweeping the country today, there are two major sets of regulations to be followed: one being regulations for concessions led by the National Development and...
蔡航 Hans Cai is partner at AnJie Law Firm’s Shanghai office

Common arrangements for enterprises removing VIE structures

By Hans Cai, AnJie Law Firm
There are many variable interest entity (VIE) enterprises in China. Many of them succeed in Series A financing but fail to close a Series B or Series C financing due to a number of...

Know the differences: A snapshot of Chinese and US venture capital provisions

By Zhou Min, PacGate Law Group
Among increasingly vibrant outbound investment activities, Chinese venture capital funds (VCs) have begun to tap into international markets – the US in particular. Venture capital had a relatively late start in China, and its...

Careful handling needed with insider information on equity acquisitions

By Wang Hansheng and Peng Fu, East & Concord Partners
It is often difficult to give any warnings regarding the criminal liability of mergers and acquisitions in the usual process of due diligence. This article aims to briefly discuss the criminal liability in mergers...

Kung Fu Panda case brings focus on merchandising rights

By Wang Yadong, Run Ming Law Office
Recently, the Beijing High Court rendered the final judgment in the “KUNG FU PANDA” trademark administrative appeal case. The express recognition and specific explanation of “merchandising rights” in the judgment have again drawn the...
John Liu is a senior partner at AllBright Law Offices

Antitrust compliance mechanisms essential to enterprises

By John Liu, AllBright Law Offices
The intensity with which regulatory authorities have cracked down on monopoly behaviour by enterprises has increased year by year. Recently, Qualcomm was handed the largest ever penalty in China’s anti-monopoly history. With stringent enforcement...
Tony Mancini and Sinéad Leddy at KPMG’s Guernsey office

Offshore Tax Strategies – Guernsey

Guernsey, an island in the English Channel independent of the UK but with close ties to the country, is a well-established financial centre offering many advantages for offshore investors. The local currency is the...

Hiring of post-retirement age workers and work-related injury insurance regulations

Recent years saw the profound reform of China’s economic model, the continuing increase in the cost of living, and an aging population. The public opinion therefore is focusing ever greater attention on one social...

Vital tips for importers and exporters in trade compliance management

Trade compliance is of utmost importance to the operations of import/export companies. The relevant legal consequences may, on the light side, affect the customs clearance efficiency of the company. On the heavy side, they...

Issues of corruption and anti-corruption in Chinese state-owned enterprises

In recent years, with the increasing exposure of corruption in state-owned enterprises (SOEs), the central government has started to continuously promote SOE reform and strengthen oversight of SOEs. Examples of this include the recent...

Compliance management in China

It’s easy to feel lost when sifting through piles of rules and regulations for what you need to achieve compliance in China’s complicated market. Expert tips can be a great help, so we asked...

Eastern stars

Will the New Silk Road Economic Belt provide a smooth or bumpy ride for Chinese investors through Central and Eastern Europe? Vanessa Ip reports In 2013, Chinese President Xi Jinping announced his plans to establish...
Cover_picture diamond

Deals of the year 2015

As China’s growth model changes, transactions and disputes pose tougher challenges for legal counsel. Richard Li and Leo Long report on the most outstanding of all The world is watching China’s economic slowdown with mixed...

GST model law: Long way to go to meet expectations

By Ranjeet Mahtani, Rajat Chhabra and Ketan Tadsare, Economic Laws Practice
A sub-committee of the Empowered Committee of State Finance Ministers has released a model law for the goods and services tax (GST) and the integrated goods and services tax. This model law would form...
Hemant Sahai at HSA Advocates

Proposed solutions to legal issues raised by SPV model

By Hemant Sahai, HSA Advocates
Implementing smart cities through special purpose vehicles (SPV), as proposed by the Smart City Mission Statement & Guidelines issued by the Ministry of Urban Development, raises several fundamental legal issues. In this column, we...
By Sawant Singh and Aditya Bhargava, Phoenix Legal

Revised ECB framework: Simpler or more complex?

By Sawant Singh and Aditya Bhargava, Phoenix Legal
As part of easing capital account controls on the Indian economy, the Reserve Bank of India (RBI) has gradually been liberalizing regulations on external commercial borrowings (ECBs) from overseas lenders. A report of the...

Real Estate (Regulation and Development) Bill: Outline

By Aakanksha Joshi and Tarini Menezes, Economic Laws Practice
The Real Estate (Regulation and Development) Bill was introduced by the previous government to protect the interest of consumers, promote fair play in real estate transactions and ensure timely execution of projects. In April...

Intellectual property rights: What startups should know

By Rajesh Begur and Pooja Chitalia, ARA LAW
Branding, customer data, technology such as software, mobile applications, etc., form an integral part of the intellectual property (IP) portfolio of any start-up company. Protection of IP is crucial for startups in view of...

‘Single window clearance’: Reality or a misnomer?

By Shruti Kinra and Vyom Dave, Shardul Amarchand Mangaldas & Co
An important issue that often arises in a restructuring exercise is the choice between a court approved scheme of arrangement and a private contractual slump sale. A scheme of arrangement has to be prepared...

Tweet twitter tweeted: Can copyright protect tweets?

By Manisha Singh and Raashi Jain, LexOrbis
We live in a world where people find it imperative to share their thoughts, even if inane. The success of social networking websites such as Twitter is a clear testament to this need. However...
By Kanchan Sinha and Shikhar Kacker, Luthra & Luthra Law Offices

Alternative fund rules and the push to ‘Make in India’

By Kanchan Sinha and Shikhar Kacker, Luthra & Luthra Law Offices
The government’s flagship “Make in India” project is aimed at reviving economic growth and making India a manufacturing hub, with the cascading effect of job creation at all levels across urban and rural India....
By Vivek Vashi and Krishnendu Sayta, Bharucha & Partners

RBI held to be subject to Right to Information Act

By Vivek Vashi and Krishnendu Sayta, Bharucha & Partners
The Supreme Court recently decided several transferred matters on the issue of whether the Reserve Bank of India (RBI) can deny information sought by third parties under the guise that divulging of information would...

Personal data transfer opportunities in Canada

By Molly Reynolds, Tory LLP
European Union data protection laws prohibit the transfer of personal information to non-member countries unless they provide adequate protection for that information. Canada is deemed to be a country that provides adequate privacy protection,...
By Babu Sivaprakasam, Deep Roy and Megha Agarwal, Economic Laws Practice - 副本

Court denies assignee bank benefit of SARFAESI Act

By Babu Sivaprakasam, Deep Roy and Megha Agarwal, Economic Laws Practice
The assignment of debt by banks and other financial institutions has become quite common. Bombay High Court recently adjudicated upon an interesting aspect of law in relation to one such assignment in the case...

The India Diaries

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

A win worth the wait

Pravin Anand, Dhruv Anand and Udita M Patro examine a landmark patent case A recent decision passed by Justice AK Pathak of Delhi High Court on 7 October 2015 in favour of the plaintiffs/patentee inMerck...

Landmark Vestas decision

Arbitral award significant for Indian legal jurisprudence, say Ranjit Prakash and Arun Mani at HSA Advocates The dispute arose in the backdrop of a typical EPC (engineering, procurement and construction) and supply contract in which...
India deals of the year 2015

Deals of the Year 2015

Deals of the year 2022 Deals of the year 2021 Deals of the year 2020 Deals of the year 2019 Deals of the year 2018 Deals of the year 2017 Deals of the year 2016 Deals of...
Dispute resolution strategies for India need a rethink in the wake of changes to the arbitration regime

Back to the drawing board

Dispute resolution strategies for India need a rethink in the wake of changes to the arbitration regime Naresh Thacker and Sumit Rai explain Indian businesses have traditionally been trigger happy when it comes to commercial disputes. They...

India in 2016

Four in-house counsel and the president of the Society of Indian Law Firms share their views on the developments that are likely to shape India's business and legal climate in the coming year.  The international...

In the spotlight

PK Malhotra and Sudhanshu Pandey speak to Vandana Chatlani about opening the legal market and making speedy dispute resolution a reality Legal market liberalization was high on the agenda when India’s law secretary, PK Malhotra, and...

Eye examination is personal expense and not deductible

Ruling in Dhimant Hiralal Thakar v Commissioner of Income Tax BC II, Bombay High Court held that expenditure for a pre-operation investigation of a lawyer’s eyes in the US was not wholly and exclusively incurred...
Hotel_building_plans,_landscape_architect

Building plans of private companies may be disclosed

In Ferani Hotels Pvt Ltd v The State Information Commissioner Greater Mumbai & Ors, Bombay High Court ruled that development plans of a real estate company can be disclosed by the municipal authorities, on an application under the Right to Information Act, 2005. Ferani...

Supreme Court finds no copyright in title of a work

Allowing an appeal in Krishika Lulla & Ors v Shyam Vithalrao Devkatta & Anr, the Supreme Court held that there is no copyright in the title of a literary work and a plaintiff can obtain...

Trademark cannot be obtained for holy books’ names

Dismissing an appeal in Lal Babu Priyadarshi v Amritpal Singh, the Supreme Court held that no person can claim the name of a holy or religious book as a trademark. Priyadarshi, trading as M/s Om...

Majority clears Jaypee Group of abusing dominance

In Shri Sunil Bansal & Ors v M/s Jaiprakash Associates Ltd & Ors, the Competition Commission of India (CCI) held that the question of examining abusive conduct as per section 4 of the Competition...

Regime simplified for alternative investment funds

In a bid to simplify and rationalize the regime for foreign investment in alternative investment funds (AIFs) and other investment vehicles and to promote the Indian investment management industry, the Reserve Bank of India...

Follow us on WhatsApp for latest updates

Follow now