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As Chinese enterprises get more creative, they are increasingly facing IP protection problems when expanding abroad. Joanna Law reports on some of the challenges With China’s ambitious goal of shifting the label of “made in China”...

TM China

When it comes to protecting intellectual property, China is one of the toughest environments in which a corporate counsel can operate. Leo Long asked some hard-working brand managers about their biggest challenges and best hopes for...

Evidence management avoids building disputes

Evidence is crucial for finding facts in any case. Considering the finality of arbitration cases, parties need to pay more attention to adverse consequences caused by the inability to provide evidence. In a recent construction...
Court

Case profiles proof of pudding for HK arbitration

The Hong Kong International Arbitration Centre (HKIAC) introduced its Administered Arbitration Rules in 2008. Amendments were made to the rules and took effect on 1 November 2013, and were listed as one of the...

Dispatch developments in Shenzhen, Shanghai and Anhui

Following the amendment of labour dispatch rules in the Employment Contract Law in 2012, and the Interim Labour Dispatch Regulations that took effect in 2014, local governments have successively issued implementing rules for the...

Draft regulations on mass lay-offs released for public comment

The Ministry of Human Resources and Social Security released draft regulations on mass layoffs for public comment on 31 December 2014. The draft mass layoff regulations reiterate the requirements on mass lay-offs – defined...

Finer points of FATCA reporting for HKFIs

Under the Foreign Account Tax Compliance Act (FATCA) intergovernmental agreement (IGA) between Hong Kong and the US, the deadline for the first FATCA reporting was 31 March 2015. Here we discuss the reporting requirements,...

New measures for admission of talent, professionals and entrepreneurs in HK

In February 2015, the Hong Kong Immigration Department (HKID) announced new initiatives and enhancement measures to Hong Kong immigration policies governing the admission of talent, professionals and entrepreneurs. The new initiatives and enhancement measures...
Grace Chen

Covington hires labour expert

Covington & Burling has recruited an employment expert in response to the increasing needs of its clients in China. Grace Chen has joined Covington as of counsel in its Beijing office. She has more than...
Glenn Haley Ilan Freiman

BLP boosts its Asia presence with Haley & Co acquisition

Berwin Leighton Paisner (BLP) has laterally hired a key team of lawyers from Haley & Co in a move enhancing its arbitration, construction and major projects expertise in the Asia region. Haley & Co founding...

Former NDRC official joins Jones Day in Beijing office

Jones Day has added a former deputy director of the China National Development and Reform Commission (NDRC) to the firm’s antitrust practice. Xue Qiang joined the firm as of counsel in the antitrust and competition...
Psyche Tai

COLI buys property portfolio through two-way arrangement

China Overseas Land & Investment (COLI), a Hong Kong-listed developer of property projects, recently reached an agreement to acquire a portfolio of property projects from CSCECL, through what has been designed as a packaged...

Heavy fine sends warning signal to advertisers in China

A recent report from the Shanghai Administration for Industry and Commerce revealed a record case of false advertising, and China’s increasingly tightened regulatory control over advertising formed the backdrop for the case, a legal...

New tax rules aim at VIE-structured companies

New rules from China’s tax regulator signal that the country is actively participating in the global battle against tax avoidance and evasion, and Chinese companies with offshore VIEs (variable interest entities) are the main...
China Business Law Journal

IP evolutions

This month, China Business Law Journal focuses on intellectual property (IP) in line with its commitment to the International Trademark Association and its 137th annual meeting, which is being held in San Diego in...
Financial service

Grievance redressal agency for financial services to be formed

In the interest of enhancing consumer protection in the financial services sector, the finance minister has announcedthe creation of a task force to form a Financial Redressal Agency (FRA), which will address grievances against...

NBFCs to enjoy SARFAESI protection

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), provides certain measures for recovery of non-performing assets to “financial institutions” as defined under section 2(1)(m) of SARFAESI. The...
India Business Law Journal

Exposing India’s dark underbelly

Is business driven by innovation or ill-gotten gains? According to Rajeev Chandrasekhar, the former owner of BPL Mobile and a respected commentator on corporate affairs in India, it is the latter. His comment about the...

The other half

New rules under India’s Companies Act may mean more women in corporate boardrooms. Will this help to correct the gender imbalance across Indian businesses and law firms? Vandana Chatlani investigates “Ihonestly think that there should never...
Alasdair Steele

Tapping the London markets

Alasdair Steele, a partner at Nabarro, explores UK fundraising opportunities for Indian companies London is a leading financial centre for international fundraisings. 2014 saw the equity markets come back to life following a period dominated...

Capital crunch

Will India Inc be forced to break its new found addiction to overseas debt markets? Rebecca Abraham investigates recent bond issues to find out Over the past year several Indian companies of varied strength and...

The need of the hour

India must overhaul its machinery for resolving tax disputes, writes Aseem Chawla at MPC Legal The efficiency of a tax administration system depends to a great extent upon the credibility of its dispute resolution mechanism,...

Taking stock

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

Time for action

Companies should prepare now for the introduction of the goods and services tax, which is scheduled to take effect a year from now. Girish Vanvari and Santosh Dalvi explain An immediate concern for anyone contemplating an...

Blurred lines

With the boundaries between telecoms, retail and other sectors becoming less well defined, Kalpana Tyagi calls for a new approach to tackling competition law challenges Telecommunications companies that traditionally offered only fixed line telephone services now...

Making sense of the budget

Rohan Shah, Rohit Jain and Divya Jeswant outline the key developments, their implications and action points for in-house counsel The 2015-16 budget was expected to be a landmark event and finance minister Arun Jaitley announced several...

Special additional duty refund for ‘deemed sales’

By Ranjeet Mahtani and Rajat Chhabra, Economic Laws Practice
Importation of goods into India attracts customs duties including special additional duty (SAD). This is in lieu of central sales tax/value-added tax (VAT) levied on the sale of goods in India. Notification 102/2007-Customs, dated...

Concept paper on finance SEZs: A welcome initiative

By Sawant Singh and Aditya Bhargava, Phoenix Legal
An increasing amount of business in Indian rupee denominated financial products and other financial products dependent on the performance of the Indian economy is either being conducted offshore or is being shifted to offshore...

Regulations fine-tuned for external commercial loans

By Bhumika Tripathi, Khaitan Sud & Partners
The Reserve Bank of India (RBI), with a view to liberalizing the external commercial borrowing (ECB) norms, has introduced changes to the extant norms, which entered into force with immediate effect. The changes expanded...
By Aakash Choubey and Abhishek Sinha, Khaitan & Co

Decoding requirements for construction-development

By Aakash Choubey and Abhishek Sinha, Khaitan & Co
Real estate is one of the sectors which has always been watched closely by regulators and private equity investors. Foreign direct investment (FDI) is not permitted in any entity which is engaged or proposes...

Economic opportunities and company models in Italy

By Gautam Khurana, India Law Offices and Raffaele Torino, Bussoletti Nuzzo & Associati Avvocati
The opportunities arising from economic investment in Italy should be considered along with favourable factors such as an advanced know-how system, highly qualified human resources and a strategic geographical position between the Mediterranean area...

Hotel reforms in Dubai: Setting the stage for 2020

By Shahram Safai and Thomas Gallagher, Afridi & Angell
Known globally as both a business and tourist destination, Dubai is home to over 80,000 usable hotel rooms and has an average occupancy rate of 76%, the highest occupancy rate of any city in...

New insider trading rules: Issues for due diligence

By Puja Sondhi, Sumeet Singh and Kaustuv Banerjee, Amarchand Mangaldas
The Securities and Exchange Board of India (SEBI) has recently published the SEBI (Prohibition of Insider Trading) Regulations, 2015, which, once effective, will replace the SEBI (Prohibition of Insider Trading) Regulations, 1992. An inherent problem...
Manisha Singh Nair and Zoya Nafis, LexOrbis

All you need to know about cover versions!

By Manisha Singh Nair and Zoya Nafis,  LexOrbis
Cover versions are new recordings of a previously recorded or commercially released song by someone other than the original artist or composer. Usually non-commercial in nature, cover versions are often created by amateurs and...
By Subhajit Banerji, Saikrishna & Associates

Debate on nature of offence of copyright infringement

By Subhajit Banerji, Saikrishna & Associates
Section 63 of the Copyright Act, 1957, lays down the punishment for copyright infringement. Section 64 of the act empowers the police to “seize infringing copies” without a warrant. While from a copyright law...
By Mohit Saraf and Snigdhaneel Satpathy, Luthra & Luthra Law Offices

Regulatory revival: Not an option but a compulsion

By Mohit Saraf and Snigdhaneel Satpathy, Luthra & Luthra Law Offices
The Reserve Bank of India (RBI) has given foreign investors reason to cheer by bringing clarity to the vexed issue of optionality clauses in foreign direct investment (FDI). The regulator must be applauded for...

Top court upholds definition of non-performing asset

By Vivek Vashi and Tanaya Shah, Bharucha & Partners
A key aim of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is to facilitate the recovery of amounts due to secured creditors, without the intervention of civil...
By Amit Tambe and Gautam Chawla, Trilegal

CCI order set aside due to violations of natural justice

By Amit Tambe and Gautam Chawla, Trilegal
The Competition Appellate Tribunal (COMPAT), in a judgment on 23 February, held that the Competition Commission of India (CCI) must follow the principles of natural justice when discharging its statutory functions under the Competition...

Proposals to strengthen the clearing corporations

By Suhail Nathani and Yogesh Chande, Economic Laws Practice
The core of risk management for any clearing corporation (CC) is collateral deposited by the stockbroker or trading or clearing member with the CC. Participants bring risk to the system by way of trades...

Resource investments must consider Aboriginal rights

By John Terry, Derek Flaman, Ian Arellano and Michael Pickersgill, Torys LLP
Canada’s constitution recognizes and affirms treaty rights and other rights of indigenous peoples. This creates a fiduciary duty on the part of the federal and provincial governments with respect to Aboriginal peoples. The nature...
A feature image of Babu Sivaprakasam and Deep Roy for the article about rbi guidelines on factoring

Long-term export advances: A boost for ‘Make in India’

By Babu Sivaprakasam, Deep Roy and Megha Agarwal, Economic Laws Practice
In consonance with the Indian government’s campaign of “Make in India”, the regulators seem to be doing their bit to facilitate business and trade. Data from the Ministry of Commerce and Industry show that...

Law does not cover state’s public works department

In Shri Rajat Verma v Public Works (B&R) Department, Government of Haryana & Ors, the Competition Commission of India (CCI) refused to initiate action against the Public Works Department of the state of Haryana...

Madras High Court protects actor’s personality rights

Madras High Court granted an injunction to restrain the makers of the film Main Hoon Rajinikanth from using actor Rajinikanth’s name, caricature, style and image to prevent the infringement of his personality rights. In Shivaji...
Globe_focus_on_India

Served from India Scheme applies to foreign subsidiaries

In a single judgment on three petitions against the Union of India, filed by Yum Restaurants (I) Pvt Ltd, Nokia Solutions and Networks India Pvt Ltd, and EI DuPont India Pvt Ltd, Delhi High...
Businessman_trying_to_catch_money_in_a_net,_tax_(mustard)

Delhi High Court upholds exemption for promoting trade

In India Trade Promotion Organization v Director General of Income Tax (Exemptions) & Others, Delhi High Court allowed the petition of ITPO challenging the withdrawal of certain income tax exemptions it was granted until...

Foreign exchange management rules modified

The RBI has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (TISPRO Regulations), by way of the TISPRO (Seventeenth Amendment) Regulations, 2014, as follows: The...

E-filing option for form FC-GPR

Through a circular dated 12 February, the RBI has enabled the online filing of the advance remittance form (ARF) and FC-GPR form under the Indian government’s e-biz project. The ARF and FC-GPR form are...

Curbs on foreign investment in bonds amended

The Reserve Bank of India (RBI) through a circular dated 3 February has introduced conditions for foreign portfolio investors (FPIs) to make future investments in and redeem corporate bonds. The circular has introduced the...

Quality Investment merger approved

The Competition Commission of India (CCI) has given the green signal to Quality Investment Holdings for its proposed acquisition of the entire share capital of Destimoney Enterprises. The proposed combination will also result in the...

Government sells 10% of Coal India

The Department of Disinvestment has divested a 10% stake in Coal India through an offer for sale on the BSE (Bombay Stock Exchange) and the National Stock Exchange of 315.8 million shares, with an...

Shanghvi buys 23% of Suzlon Energy

Sun Pharmaceuticals founder Dilip Shanghvi and his associates have purchased a 23% stake in Suzlon Energy.The deal was valued at approximately ₹18 billion (US$286 million) with an additional open offer size of approximately ₹28...

Mylan snaps up Famy Care units

Pharmaceutical giant Mylan will pay US$750 million in cash, plus additional contingent payments of up to US$50 million, to private equity firm AIF Capital to acquire certain female reproductive health care businesses from Famy...
cloud_computing

Symphony Teleca scores with Aditi

Symphony Teleca Corporation India has completed the purchase of a majority stake of Aditi Technologies from the company’s shareholders. Aditi Technologies helps companies run and transform their businesses with cloud platforms. Symphony, a global innovation and...

New course for Indian lawyers

Chicago-based India Professional Education Group (IPEG), and the Society of Indian Law Firms (SILF), have announced that SILF will act as the certifying authority for IPEG’s new Level 6 Certification Programme for Indian lawyers...
ikigai law space rocket launch

TMT’s space mission with NUJS

Boutique law firm TMT Law Practice has partnered with the National University of Juridical Sciences (NUJS) in Kolkata to set up a forum for air and space law research and advocacy. The forum is expected...

Bankers bat to beat lawyers in cricket

The bankers defeated the lawyers in their annual charity cricket match, which took place on 31 January in Mumbai. The bankers were on top form, batting first to score 177 for 5 off 22 overs....

DSK clinches Masters Cup

DSK Legal delivered a stellar all-round performance to claim victory in the Economic Laws Practice (ELP) Masters Cup 2015 at the Police Gymkhana Cricket Ground in Mumbai on 22 February. This is the second...

Parsons completes walk to Bangalore

On 8 February, Chris Parsons, a partner and chairman of the India practice at Herbert Smith Freehills, completed a charity walk to raise money for the Loomba Foundation, which supports Indian widows and their...
Sexual_Orientation_&_Gender_Identity_book_cover

SILF champions LGBT rights

The Society of Indian Law Firms (SILF) has published the 2013 Tagore Law Lectures in a book titled Sexual Orientation and Gender Identity – A New Province of Law for India. The lectures, discussing the...

KhattarWong weds Withers

International law firm Withers has created a formal alliance with Singaporean law firm KhattarWong. In April, the two firms will form Withers KhattarWong, offering Singapore, UK and US legal advice to clients. Withers will...

IP boutiques confirm merger

IP firms Lall & Sethi and Singh & Singh have agreed to merge their practices by 1 April. The combined firm will be called Singh & Singh Lall & Sethi and will have nine...

PKA partner packs up for DGS

Bhumesh Verma, a former partner at PKA Advocates, has joined DGS Associates. Verma, who has also worked at Khaitan & Co and Ashurst, said that after “five wonderful years” at PKA, he was happy to...
Murali Neelakantan

Cipla group general counsel quits for class

Murali Neelakantan resigned from his position as global general counsel of Cipla on 4 February to pursue policy work and teaching opportunities. Neelakantan has taught courses at the National University of Juridical Sciences in Kolkata...
Business Law Journal, letter to the editor

Legal services an asset

Dear Editor, I refer to the possible opening up of the Indian legal market and your article on it (in the December 2014/January 2015 issue). I welcome the entry of foreign law firms into India...
Business Law Journal, letter to the editor

Well-crafted article

Dear Editor I read the cover story of the February issue (Shutting up shop) with great interest. I must compliment you on a very incisive, comprehensive and well-crafted piece. I especially liked the way that...
Backdating documents

Non-compete clauses

In commercial transactions, it is common for one or both parties to provide non-compete undertakings. For example, in a business acquisition, the seller of the business may agree that it will not compete with...
Christoph Niederer is a partner and the head of Zurich Tax Department, and Fiona Gao Yue is an associate of China Desk at VISCHER.

Switzerland: enhanced tax transparency according to international standards

By Christoph Niederer and Fiona Gao Yue, VISCHER
Based on a general decision taken by Switzerland’s Federal Council in March 2009, Switzerland provides for administrative assistance in tax matters upon specific request only, and exclusively for those jurisdictions with which a respective...

Understanding Dubai’s user-friendly rules for establishing a business

By Samer Qudah, Al Tamimi & Company
Dubai is a city with a diverse and vibrant culture. With an economy historically built on the oil industry, Dubai’s main revenues come from tourism, trade, aviation, real estate, and financial services. Not only does...
Manisha Singh Nair and Zoya Nafis, LexOrbis

India well on the way to granting protection for utility patents

By Manisha Singh Nair and Zoya Nafis, LexOrbis
Utility patents are relatively short-term rights granted for inventions that may not qualify under the stringent criteria of patentability like inventive step, or non-obviousness, but are inventions in their own consideration. Like patents, utility...

Pre-trial injunction applications and problems in dispute cases

By Craig Zhou, Martin Hu & Partners
The term “pre-trial injunction”, also known as a “pre-trial order to cease the act in question”, means that a party requests, before the institution of a legal action in a dispute case, that the...
Roman Ipfling, DMS

China and Hong Kong: nowhere to hide for US tax evaders

By Roman Ipfling, DMS Offshore Investment Services Cayman Islands
Last December, a US court granted the Internal Revenue Service (IRS) permission to serve what are known as “John Doe” summonses on FedEx Express, FedEx Ground, DHL, UPS, Western Union, the Federal Reserve Bank...

Regulation aimed at accelerating development of auto industry

By Maria Lucia Belliz, Argentina Ministry of Foreign Affairs and Worship
In the previous issue of this column, we presented an overview of the legal framework in effect, highlighting that foreign investors – and their investments – are protected by Argentine law. Their rights are...

More clarification on validity of foreign-related arbitration clauses

By Arthur Dong, AnJie Law Firm
During the past year, for those who run international commercial activities, it is noteworthy that the Supreme People’s Court has, through a series of official replies to cases before lower-level courts, further clarified the...

Focus on asset-backed securitisation, acquisitions in bankruptcy protection

By Wu Jian and Guo Shujing, Zhonglun W&D Law Firm
Bankruptcy protection extends a lifeline to an enterprise from the time it experiences operational difficulties until it is finally wound up, but in general it is difficult for such an enterprise to turn things...

M&A of domestic engineering design enterprises by foreign counterparts

By Han Yanyuan and Luo Jia, East & Concord Partners
Article 4 of the Provisional Regulation of the Ministry of Construction on the Administration of Foreign Enterprises Engaging in Construction Engineering Design Related Activities in China stipulates that when a foreign enterprise undertakes construction...

How to handle IP transfers in anonymous purchases

By Ken Li, Chang Tsi & Partners
The market is a battlefield. In the course of changing commercial operations today, strategic operational means, e.g. anonymous purchase in the intellectual property (IP) field, are sometimes indispensable. However, anonymous purchase has always been...

Tips for variety television shows on utilising the Copyright Law

By Wang Yadong and Lu Lei, Run Ming Law Office
In recent years, following the huge commercial success of such variety shows as Where Are We Going, Dad?, The Voice of China, etc., a number of copycat programmes have sprung up in their wake,...

Significant issues in determination and notarisation of online evidence

By Jiang Fengtao and Yang Cunji, Hengdu Law Offices
Evidence that takes form on the internet is commonly called online evidence. Such information is appearing more and more frequently in patent right confirmation and infringement procedures. The main points of dispute over online...

Rulings run counter to spirit of the insurance contract

By Xu Dang and Luo Huichao, Dacheng Law Offices
A civil contract is entered into by equal civil subjects based on the principle of autonomy of will. Insurance contracts are a type of civil contract and have certain special aspects. They are usually...
Dong Chundao is a partner at Allbright Law Offices in Shanghai

Seeking recourse against an employee for economic loss

By Dong Chundao, AllBright Law Offices
With the increasing compliance awareness of employers, there has been a progressive increase in cases where an employer demands compensation from a worker for property loss incurred as a result of a breach by...
Foreign Investment Law public comment

Foreign infusion

A new draft law plans comprehensive changes to the way foreigners invest and operate in China. Danian Zhang and Howard Wu explain On 19 January 2015, the Ministry of Commerce (MOFCOM) released a draft of...

Game on

The rules of corporate governance in the US have caught many inexperienced Chinese players unawares. Hong Haifeng explains how to keep your team in play Under China’s “go out” policy, more and more Chinese enterprises...

How Kenyan regulatory developments will impact foreign investors

How Kenyan regulatory developments will impact foreign investors Kenya is East Africa’s largest economy. Largely as a result of the discovery of petroleum deposits, minerals, coal deposits, iron ore and titanium in various parts of...

Raw deals

Falling commodities markets and a slowing Chinese economy are not the only factors weighing on the mining and energy sector. Joanna Law looks at the legal and economic developments As China’s massive economy slows and...
DD2

What disputes does an arbitration clause cover?

The recent case of VK Holdings (HK) Ltd v Panasonic Eco Solutions (Hong Kong) Company Ltd demonstrates the importance of carefully drafting arbitration clauses to ensure they reflect the parties’ intentions about what disputes...

Pressing need for whistleblowing channels in Asia

In light of recent global regulatory trends, the author of this article believes there is a pressing need for Asia-based corporations to develop internal whistleblowing channels and concomitant policies and procedures. Few Asia-based companies...
纳税申报表的变化:外商投资企业可能面对更多的监管 | 《商法》

Changes to tax return forms mean FIEs may face more scrutiny

On 3 November 2014, the State Administration of Taxation (SAT) issued Bulletin No. 63, introducing a new set of annual return forms for enterprise income tax (EIT). The new forms are applicable to...
政府为特定企业提供稳定岗位补贴

Government to provide employment subsidy for certain enterprises

In an effort to help cushion the impact of changing business conditions and restructurings on employment, on 16 November 2014 the Ministry of Human Resources and Social Security and other government departments jointly issued...
国家税务总局在间接转让交易中否定特拉华州公司

SAT disregards Delaware company in indirect transfer

On 22 January 2014, the State Administration of Taxation (SAT) issued but did not publish Shui Zong Han notice No. 38, which approved the Zhejiang Provincial State Tax Bureau’s request to disregard the...
外国公司在上海自贸区开展电子商务业务

Foreign companies to set up e-commerce operations in FTZ

On 13 January 2015, the Ministry of Industry and Information Technology (MIIT) released the Circular on Removing the Restrictions on the Foreign Equity Ratios in Online Data Processing and Transaction Processing (Commercial Type of...
Vena Cheng

Akin Gump hire boosts firm’s investigations, litigation practice

Akin Gump has appointed a senior litigation consultant to join its Hong Kong office. Vena Cheng, formerly with Morrison & Foerster, is an investigations and litigation lawyer with over 15 years’ experience across industries including...

Hogan Lovells bolsters IP practice with two partners

Hogan Lovells has recruited two new partners to join the firm’s intellectual property (IP) practice in Hong Kong from Mayer Brown JSM. Alan Chiu handles litigation, due diligence, licensing, defamation, and privacy. He has a...
Lim Ai-leen

Awapatent hires chief to oversee new HK and Beijing operations

European intellectual property (IP) consultancy firm Awapatent has appointed Lim Ai-leen as the CEO and principal counsel of its Asian arm, coinciding with the February opening of its Hong Kong and Beijing offices. Lim, a...

Norton Rose Fulbright recruits US capital markets partner

An expert in criminal law enforcement and cyber security returns to O’Melveny & Myers as a partner in the firm’s white-collar defence and corporate investigations group, residing in both Hong Kong and Los Angeles...

US, China criminal law expert rejoins O’Melveny

An expert in criminal law enforcement and cyber security returns to O’Melveny & Myers as a partner in the firm’s white-collar defence and corporate investigations group, residing in both Hong Kong and Los Angeles...

Expert expects more fund types after landmark ETFs in HK

An expert in investment funds expects a broader spectrum of investment products to be eventually approved by Hong Kong’s regulator following the success of the first futures-based ETFs to be listed in the city. Rolfe...
News11

Corporate counsel face disclosure problems in US

The issue of whether Chinese companies’ in-house counsel can adequately, or legally, represent them has been under the spotlight following a recent case in the US. A lack of appropriate qualifications for in-house counsel in...
China Business Law Journal

New levels

As the nation’s economic strategies mature so does the necessity for more sophisticated methods of managing inbound investment, and for a greater level of understanding of global markets for the enterprises that are urged...
By James Touzel, TLT LLP

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

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

Is fair market value fitting for valuation of services?

By Kumar Visalaksh and Rahul Khurana, Economic Laws Practice
Fair market value (FMV) is generally understood as the price for which a specified asset or property would be sold in the market and that a knowledgeable, willing, and unpressured buyer would pay to...

Will payments banks help foster financial inclusion?

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Unlike jurisdictions such as Singapore, India did not (until very recently) have differentiated licensing for banks, i.e. granting licences for conducting a specific line of banking business. The prevalence of universal banking licences coupled...

Documentation expected to reflect new NBFC rules

By Bhumika Tripathi, Khaitan Sud & Partners
The Indian banking sector has witnessed a paradigm shift in the past decade. Non-banking financial companies (NBFCs) have played a pivotal role in providing an array of financial services and innovative products, and have...

Regulation proposed for crowdfunding in India

By Ganesh Prasad and Sharad Moudgal, Khaitan & Co
Crowdfunding is a popular mode for raising funds for startups and entrepreneurs. Simply put, crowdfunding is the solicitation of funds, usually a small amount, from multiple investors through an online platform or through social...
By Gautam Khurana, India Law Offices and Walter Schmidt, ETL International AG

Buying a German business is easier than one may think

By Gautam Khurana, India Law Offices; Walter Schmidt, ETL International AG
Germany has the biggest economy in Europe, and one of the strongest. Mid-sized firms, often family owned, are the backbone of Germany’s economy, and many are open to expansion through investment. So, what are...

New DIFC Netting Law: A boost for derivatives?

By Vivek Agrawalla, Afridi & Angell
Towards the end of 2014, the Dubai International Financial Centre (DIFC) enacted the DIFC Netting Law, which is the first of its kind in the Middle East. The Netting Law is based on the...
Raghubir Menon and Ekta Gupta and Deepa Rekha from Amarchand Mangaldas discuss about locked box mechanism

Locked-box mechanism in M&A transactions

By Raghubir Menon, Ekta Gupta and Deepa Rekha, Amarchand & Mangaldas & Suresh A Shroff & Co
Over the past 10 years, India’s M&A landscape has become more sophisticated, adopting international best practices. Parties are negotiating, at length, clauses relating to purchase price adjustments, completion conditions, representations, warranties and indemnifications in...
Manisha Singh Nair is a partner and Priya Anuragini is an associate.at LexOrbis.

Ashok Kumar lends name to tool against movie piracy

By Manisha Singh Nair and Priya Anuragini, LexOrbis
Decades after veteran actor Ashok Kumar charmed movie makers and viewers alike with his natural acting and effervescent personality, his name continues to resonate in the corridors of the entertainment industry courtesy of Ashok...

Erosion of IP rights: Impact on fashion and textile sector

By Ameet Datta and Suvarna Mandal, Saikrishna & Associates
India’s fashion industry complements its textile industry, which contributes significantly to exports and GDP. Trends in terms of colours, styles, fabrics, etc., determine the fashion industry’s fortunes, which rest on the creative endeavours of...
By-Sundeep-Dudeja-and-Saurabh-Tiwari-Luthra-Luthra-Law-Offices

Construction development: Press note a fresh lifeline?

By Sundeep Dudeja and Saurabh Tiwari, Luthra & Luthra Law Offices
The construction development sector (township, housing and built-up infrastructure) has been the second highest recipient of foreign direct investment (FDI) in India since April 2000, with investment of about US$23 billion (10% of the...

Solutions proposed to settle civil nuclear liability issues

By Akshay Jaitly and Kartikeya Panwar, Trilegal
In 2008, India and the US entered into the Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy. This permitted nuclear equipment manufacturers, suppliers and service providers to participate in India’s nuclear energy market...

Threshold for grant of an anti-arbitration injunction

By Vivek Vashi and Shaheda Madraswala, Bharucha & Partners
Delhi High Court in its recent judgment in Vikram Bakshi & Anr v McDonald’s India Pvt Ltd & Ors has set a threshold to be met before grant of an anti-arbitration injunction. Although there...
By Kunal Chandra and Gautam Chawla, Trilegal

CCI reiterates its stand on trade associations’ conduct

By Kunal Chandra and Gautam Chawla, Trilegal
In an interview in 2013, Competition Commission of India (CCI) chairman Ashok Chawla was quoted as saying: “Rather than being party to a cartel, the trade associations should encourage their members and constituents to...

Whipping tipping: ‘Tippee’ now liable as insider trader

By Suhail Nathani and Malek-ul-Ashtar Shipchandler, Economic Laws Practice
Securities regulation is based on the core idea that all investors should have equal access to the rewards of participation in securities transactions. Insider trading is the antithesis to this equal access theory. Insider trading...

Canadian oil sector may be a good bet as prices ‘bleed’

By Raj Sahni, Bennett Jones LLP
As Baron Rothschild once noted, “the time to buy is when there’s blood in the streets”. Could the recent decline of crude oil prices to six-year lows represent just such an opportunity for Indian...
By Babu Sivaprakasam, Deep Roy and Megha Agarwal, Economic Laws Practice

Further evolution required for ‘factoring’ to fulfil needs

By Babu Sivaprakasam, Deep Roy and Okram Singha, Economic Laws Practice
Where businesses are clamouring for liquidity, especially manufacturing entities, “factoring” presents a viable option towards maintaining a steady cash flow by providing finance against the receivables due to such entities. Prior to the Factoring...
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Indian Law Firm Awards 2014

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How Tata tapped the debt markets

Capital raising requires gumption and out-of-the-box thinking. Rebecca Abraham reports on a hybrid bond issue that showed both New paths are being charted as Indian companies seek to take on more debt, often to repay existing...
Sachin Kerur

Riding the UAE building wave

By Opportunities abound for Indian companies but as Sachin Kerur explains, understanding the rules is vital
Opportunities abound for Indian companies but as Sachin Kerur explains, understanding the rules is vital Only too aware of the need to diversify their economies, the Gulf Cooperation Council (GCC) states are planning significant development...
Jayshree Gupta at Baker & McKenzie Habib

A tale of two countries

By Jayshree Gupta at Baker & McKenzie Habib Al Mulla contrasts the UAE and Indian legal systems
Jayshree Gupta at Baker & McKenzie Habib Al Mulla contrasts the UAE and Indian legal systems The ties between the UAE and India, which have existed from ancient times, are stronger than ever. India’s new...

A busy corridor

Outbound investment from India to the Middle East is gathering pace. What are the trends and where is the activity? Rebecca Abraham investigates Lawyers in the Gulf states, and the Middle East in general, speak of...

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