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Business Law Journal, letter to the editor

Southern lawyers should shed their inhibitions

Dear Sir, At the outset I would like to compliment India Business Law Journal on its fine article on the legal market in Bangalore (Southern charms, IBLJ volume I issue 8). On reading the article, an...
Business Law Journal, letter to the editor

Reserve the ‘best brains’ for Indian law firms

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

Reform’s unstoppable march

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

Fighting for funds

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

Southern charms

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

Tax treatment could hurt domestic funds

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

Going green: The clean development mechanism

By Akshay Jaitly and Shailendra Kumar Singh,Trilegal
With the Kyoto Protocol, 1997, coming into force on 16 February 2005, clean development mechanism (CDM) projects in India have attracted a great deal of interest. Indeed, with the country issuing over 32% of...
Abhixit Singh,Pragya Dhamija,Titus & Co

Arbitration clauses are an important feature of deals

By Abhixit Singh and Pragya Dhamija,Titus & Co
An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur...
Sumita Singh,Partner,Singh & Associates

The do’s and don’ts of brand licensing in India

By Sumita Singh,Singh & Associates
In India, trademark laws are stringent in accepting and acknowledging brand licences as a whole. Precedents have been set to recognize common law principles; however, to understand how rights against infringers work in practice, it...
Priti Suri,Nikita Ved,PSA

Capital injections could help pharmaceutical industry

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

Foreign ownership concerns unlikely to change US policy

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

New foreign currency bonds to be exchangeable for equity

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

Multimodal transport makes practical sense for shippers

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

Patent outsourcing demands special skills

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

Geographical indications can help India grow

By Abhai Pandey,Lex Orbis IP Practice
Indian agriculture is gradually adjusting to global realities. The strategy of extending consumer assurance by way of geographic indication and appellations of origin has become a pivot for global commodity trade. Ginger, one of the...
real estate

FDI route facilitates more real estate investment

By Gautam Khaitan, OP Khaitan & Co
India can be acknowledged as one of the fastest growing economies in the world and real estate has emerged as one of the most appealing investment areas for domestic as well as foreign investors. This...
income tax sumes dewan

Fine payments may not be exempt from income tax

By Sumes Dewan, KR Chawla & Co
Section 28 of the Income Tax Act, 1961, deals with the chargeability of income from profits and gains of a business or profession to income tax – under the head “Profits and gains of...
Competition

Industry voices concern about merger control

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

Enforcing foreign awards should be an easier task

By Sanjay Asher and Bhumika Batra, Crawford Bayley & Co
An award may be recognized without being enforced but if it is enforced, it is necessarily recognized. This statement by the Supreme Court in 1994 in the case of Brace Transport Corporation of Monrovia...
infrastructure power

Cutting through bureaucracy

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

How ‘legal’ are law firm websites?

Despite press reports to the contrary, Indian law firms are still barred from having websites … for now at least. Ben Frumin explains In late January, the Hindustan Times published a story that began with the...
FDI new heights

FDI cleared to climb to new heights

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

Separate guidelines needed

Dear Sir, I read with keen interest the article in your February issue on India “opening” its legal market (Open sesame, IBLJ volume I issue 7). The fact that clients are willing to pay higher fees...
FDI

The best is yet to come

India has made huge strides in reforming its economy. Serious challenges persist but there is also great cause for optimism, writes Vijaya Sampath, group general counsel at Bharti Enterprises After decades of the “Hindu”...
Legislative

Legislative and regulatory update – March 2008

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

Jai Pathak’s Jones days are Dunn

Prominent India expert Jai Pathak has left Jones Day to join the Los Angeles office of Gibson Dunn & Crutcher as a partner. Pathak, who is a specialist in cross-border transactions with a focus on...
Amarchand equity partners

Amarchand loses two equity partners

Two equity partners at Amarchand & Mangaldas & Suresh A Shroff & Co have left the firm to set up an independent practice. Marezban Bharucha and his wife Alka expect their new Mumbai-based firm, Bharucha...
FoxMandal

FoxMandal opens its doors in London

FoxMandal Little opened its London office on 18 February, becoming one of the first Indian law firms to launch operations in Britain. The firm has established the new office, which will only practise Indian law,...
Howrey pune india office

US firm Howrey sets up in Pune

Howrey, a US-based law firm that specializes in antitrust, global litigation and intellectual property, is opening an office in Pune. While the firm cannot practise law in India under present regulations, managing partner Robert Ruyak...
Outsourcing cooperation Legalwise

Legalwise starts outsourcing to India

Canadian services provider Legalwise has begun outsourcing legal work to India on behalf of law firms seeking to lower their costs. The Toronto-based company, which has 430 lawyers in Mumbai and Pune, believes that...

DLA Piper in cricket victory

DLA Piper announced in February that it had assisted Sony Entertainment Television with the purchase of television rights to the Board of Control for Cricket in India’s new Indian Premier League (IPL) cricket event. The...
India copyright Houghton Mifflin Harcourt

US publisher wins India copyright case

Indian law firm Akash Chittranshi & Associates acted for US publishing company Houghton Mifflin Harcourt in a successful civil proceeding against All India Traveller Book Seller (AITBS). The action followed police raids that uncovered...

Herbert Smith taps into gas financing

Herbert Smith’s reserve-based lending practice advised Société Générale on the arrangement of a US$550 million credit facility for Calgary-based oil and gas company Niko Resources. The facility will go towards financing the development of the...
ICICI Bank

ICICI fined for ‘demeaning’ the legal profession

ICICI Bank has been fined for allegedly refusing to provide a lawyer with a credit card on the grounds that her profession has a “negative profile”. Demanding that the bank refrain from “defaming and demeaning”...
IMAX

Court rules in favour of IMAX

In February, a panel of the International Court of Arbitration of the International Chamber of Commerce found unanimously in favor of IMAX Corporation in its case against E-City Entertainment. The dispute arose from an agreement...
information plea right

Right to information plea dismissed

A petition to force all of the high courts in India to adopt uniform rules on providing information to the public has been rejected by the Supreme Court. The petition was made by the Public...
Supreme Court upholds employers’ security obligations

Supreme Court upholds employers’ security obligations

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

Budget imposes new costs on business

On 29 February, India’s finance minister, P Chidambaram, announced the country’s 2008-09 budget. The package contained many gifts to the lower and middle classes – raised exemption caps on income taxes, slashed excise duties,...
Trilegal partners Allen & Overy

Trilegal joins hands with Allen & Overy

In the first tie-up between an Indian law firm and a UK “magic circle” firm, Allen & Overy and Trilegal have announced that they will co-operate on client referrals, training and marketing. Alex Pease, a...
Business Law Journal, letter to the editor

In praise of China’s approach

Dear Sir, I refer to the article on law market reform published in the February 2008 issue of your esteemed journal (Open sesame, IBLJ volume I issue 7). At the outset, I compliment you on...
Business Law Journal, letter to the editor

Consider allowing foreigners

Dear Sir, A major rationale for allowing foreign law firms into India is to introduce their expertise into the Indian legal market. This will have the benefit of educating and training our young professionals now joining...
Business Law Journal, letter to the editor

The case for “law consultants”

Dear Sir, My view is that India should follow the UK model where for many years foreign law firms were not permitted to practise UK law and they were only allowed to be “foreign law...
Business Law Journal, letter to the editor

A call for stringent measures

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

INTA may offer a solution

Dear Sir, Thank you for publishing the excellent article on cybersquatting (Piracy in another domain, IBLJ volume I issue 7). There have been over 300,000 “.in” domain name registrations since 2005 of which only 48 have...
India Business Law Journal

A monumental challenge

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

Building the future

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

Open sesame

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

Relaxed regulations boost overseas acquisitions

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

Laws and judgments help merger transactions

By Baljit Singh Kalha and Durgesh Singh,Titus & Co
A scheme of merger is the blueprint of a merger transaction. The scheme of merger governs and prescribes the entire transaction of merger – the method of valuation of the merging companies, the share...
Abhixit Singh,Durgesh Singh,Titus & Co

Using the right arbitration law offers many advantages

By Abhixit Singh and Durgesh Singh,Titus & Co
The validity, effect and interpretation of an arbitration agreement are governed by its “proper law”. The proper law of an arbitration agreement is usually the same as the proper law of the contract. If,...
Akshay Jaitly,Shailendra Kumar Singh,Sameer Guha,Trilegal

Government invites bids for oil exploration licences

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

Outsourcing requires care to protect confidentiality

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

Staged financing reduces investment risks

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

Third party logistics gains momentum

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

Creating an innovation act for India

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

Cautious moves towards greater FDI in retail

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

Judgment clarifies tax rules for stock options

By Sumes Dewan,KR Chawla & Co
An employee stock ownership plan (ESOP) is an employee benefit plan with a defined contribution. It allows employees to become owners of stock in the company they work for. It is an equity-based deferred...
Anand S Pathak,Partner,P&A Law Offices

Competition Act could be ‘at war with itself’

By Anand S Pathak,P&A Law Offices
On 13 January 2003, the Competition Act, 2002, received Rresidential assent. The act establishes a Competition Commission to “prevent practices having adverse effect on competition, to promote and sustain competition in markets, to...
Arun Balasubramanian, Linklaters

Converging accounting standards challenge issuers

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

Non-banking financial companies consolidate

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

A shrill discord

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

The turbulent tale of Project Windstorm

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

Redrawing the corporate framework

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

Piracy in another domain

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

Legislative and regulatory update – February 2008

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

Kolkata brothers face lawsuit over internet game

Two brothers from Kolkata could face a lawsuit over a wildly popular internet game they created. Scrabulous has become the most popular game on Facebook.com and is played by millions of web users. Like Scrabble,...
financial adivise Amarchand

Amarchand Mangaldas advises on location for IIFCL subsidiary

Amarchand & Mangaldas & Suresh A Shroff & Co has been advising on the best location for the establishment of the overseas subsidiary of India Infrastructure Finance Co Ltd (IIFCL), a government-owned special purpose...
Investment transaction investors

Investors barred from selling shares

New investors in Tamilnad Mercantile Bank have been barred from selling their shares and exercising their rights as shareholders after the Madras High Court upheld an injunction granted in June 2007. After the Sterling Group...
healthcare products Plethico Pharmaceuticals

Plethico acquires Natrol

Plethico Pharmaceuticals has completed its US$80.8 million acquisition of US company Natrol, a leading manufacturer and marketer of nationally branded nutritional products. Plethico is an Indian company that manufactures pharmaceutical and allied healthcare products and...
Vaccines novartis

Novartis presses Aventis into arbitration

Novartis Vaccines & Diagnostics Inc (NVDI) has sought to press Aventis Pharma Ltd (APL) into agreeing to arbitration in a dispute involving the marketing of an anti-rabies vaccine. Acting for NVDI, law firm Parekh &...
Software company misys

Milbank hired for Misys-HCL deal

Software company Misys has hired Milbank Tweed Hadley & McCloy to advise it on a new “preferred partnership” with HCL Technologies. The tie-up should make it easier to promote Misys’ financial services software in Asia,...
India and UK Clifford Chance

Clifford Chance partner joins UK PM in India

Stuart Popham, a senior partner of Clifford Chance, travelled with British prime minister Gordon Brown on his January visit to China and India as the sole representative of the legal profession. Brown’s delegation included representatives...
Indian women legal aid

Legal aid clinic set up for women

The Tamil Nadu State Legal Services Authority (TNSLSA) has established a legal aid clinic for women, who, according to TNSLSA secretary Akbar Ali, are often unaware of their legal rights. Inaugurating the clinic at the...
salaries for new lawyers

Competition drives up salaries for new lawyers

As the competition for legal talent heats up, salaries are rising. The latest recruits have been offered far higher pay packages by Indian corporate law firms than ever before, with some firms offering salary...
solicitors general

Taxing role for new solicitors general

Two new solicitors general are to be appointed to act in direct and indirect tax cases, the Finance Ministry announced in January. “We are concerned about the quality of representation from the government side,” said...
Internet coding

Lawyer appointed VP of Tejas

Lawyer Raj Aji was appointed in January as Tejas Networks’ vice-president for corporate development and general counsel. Tejas is a leading optical networking company in India. Prior to joining Tejas, Aji was with Cisco Systems...
Tata Steel factory corus

Corus’ general counsel quits

Six months after Corus was acquired by Tata Steel, Corus’ general counsel, Richard Shoylekov, has left to join major British building supplier Wolseley. Appointed as director of legal affairs at Corus in 2004, Shoylekov was...
Kingfisher Airlines deccan

Deccan to fly with Kingfisher

Budget airline Deccan has announced plans to merge with Kingfisher Airlines this year in a bid to cut costs and remain competitive. The new company will take the name Kingfisher, the flagship of liquor baron...
court system Sikh activist

Sikh activist seeks court for minorities

The founder of the Akali Dal party and a leading Sikh activist, Simranjit Singh Mann, has called for a separate court system for minorities in India. Mann cited the Punjab and Haryana High Court’s refusal...
Corruption

Corruption hurting the environment, lawyers warn

Lawyers at a United Nation’s conference warned that corruption and a lack of political will are seriously hampering efforts to protect the environment in the Asia-Pacific region. Although India and Australia, along with a few...
bauxite mining vedanta

Vedanta ruling to have big impact

A Supreme Court decision on the dispute between Vedanta Alumina and tribals in Kalahandi over a bauxite mining project in Orissa’s Niyamgiri Hills could set an important precedent. In late 2007, the court ordered Vedanta...
Indian broadcasting

Turner and Miditech in JV

Turner International has signed a joint venture deal with New Delhi-based programming house Miditech and its holding company Alva Brothers to launch general entertainment channels in Hindi and other languages. Clifford Chance acted as international...
Telecommunications tower on top of the building

Essar in deal with Kenyan mobile operator

Essar Communication Holdings, a subsidiary of Essar Global, in January bought 49% of Econet Wireless International, which has a 70% controlling stake in the third biggest mobile operator in Kenya. Through the acquisition Essar hopes...
satellite receiver Reliance

Telcos urged to improve services

Telephone companies were urged in January to improve their services before the government announces a new allocation of airwaves. The Department of Telecommunications (DoT) expects companies to serve up to four times their current...
Citybank Clifford Chance citigroup

Citigroup in US$125m bond deal

Clifford Chance’s equity-linked team advised Citigroup in connection with the issue of US$125 million in convertible bonds by Indian software provider Geodesic Information Systems. The bonds were listed on the Official List of the Singapore...
Reliance Power

Reliance IPO breaks new ground

The initial public offering of Reliance Power was India’s biggest to date, raising almost US$3 billion. Reliance Power owner Anil Ambani sold 10% of the company or 260 million shares. Reliance Power, a unit of Reliance...
Business Law Journal, letter to the editor

Premature plans

Dear Sir, The current proposal for the liberalization of the Indian legal market is premature, given the structural and regulatory differences between Indian and foreign firms. There is an unequal environment that needs to be corrected...
Business Law Journal, letter to the editor

A busy year ahead

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

Looking for a strategy

Dear Sir, As India slowly but surely opens every possible sector to the foreign market, legal services cannot be left behind. To discuss this, the Ministry of Law called an interactive session on 17 September...
Signal receiver

Legislative and regulatory update – December 2007/January 2008

Telecoms The significance of telecommunications licensing was underscored recently as mobile telecommunications operators moved to block the issuance of licences covering multiple technologies. The Cellular Operators Association of India (COAI), a lobby group representing GSM...
Rinky Jain, Coordinator, Clairvolex

Proofreading vital when filing patents

By Rinky Jain,Clairvolex
A patent is a set of exclusive rights granted by a state to a patentee in exchange for disclosure of an invention. The process of abtaining a patent is long and requires the patentee to...
Trophy

Bhasin, Titus win national law awards

Diljeet Titus, managing partner of Delhi-based law firm Titus & Co, and Lalit Bhasin, managing partner of Bhasin & Co and president of the Society of Indian Law Firms, were awarded National Law Day...
Old indian

Age no bar for Delhi lawyers

Age will no longer be a bar against practising the law in Delhi after a senior citizen who is also a qualified lawyer took the Delhi Bar Council to court and won. The bar council...
ICICI Bank

ICICI names London-based legal director

ICICI Bank announced in November that it has appointed Priti Shetty as its first permanent legal director in London. The move follows the expansion of the bank’s services in Britain. Moving from the bank’s Mumbai...
Wayne Rogers,Senior adviser,Nath & Rosenthal LLP

The rupee bull: Late Diwali or early Christmas?

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

First woman to High Court

For the first time in its 88-year history, the High Court of Punjab and Haryana has named a woman for elevation to the Bench. With a history of her own for breaking records, Daya Chaudhary...
India Business Law Journal

India’s year of opportunity

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

Isle of Man firm eyes India

Isle of Man corporate law firm Cains announced in November that it plans to open an Asia-Pacific regional office in Singapore by July 2008. Cains has worked with London and Indian-based advisers to help...
Gautam Khaitan,Partner,OP Khaitan & Co

Easing norms in the insurance sector

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

Hero hires Stephenson Harwood

Hero Group of India in November acquired British call centre operator Telecom Service Company (TSC). Stephenson Harwood advised the Hero Group on the US$82 million acquisition, with Morton Fraser providing Scottish legal advice and...
Shardul Thacker,Partner,Mulla & Mulla & Craigie Blunt & Caroe

Managing cold storage requires its own logistics

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

LG advises Patni on tech tie-up

London-based corporate law firm LG advised Patni Computer Systems, a leading Indian IT services provider, on a US$200 million deal with UK mobile phone provider The Carphone Warehouse. Patni will become a key technology partner...
Cooperation

The Deals of the Year

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

Reliance hires Slaughter and May for GAPCO deal

Slaughter and May in November acted for Reliance Industries on its acquisition of a majority stake in, and management control of, Gulf Africa Petroleum Corporation (GAPCO). The GAPCO group has a significant presence in...
Baljit Singh Kalha,Durgesh Singh,Titus & Co

Tax concessions favour revival of loss-making units

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

Outsourcing venture scrapped

Plans by FoxMandal Little, the Hinduja Group and Centric to set up a joint LPO have been scrapped less than a year after they were announced. A memorandum of understanding was signed in January 2007...
CPA teams

CPA teams up with Integreon

Computer Patent Annuities (CPA), an IP services provider, has teamed up with the outsourcing specialist Integreon to establish an LPO in Mumbai. The centre will provide legal support services such as litigation document review and...
direction

Getting the right advice

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

Arbitral awards and ‘public policy’

By Abhixit Singh and Durgesh Singh,Titus & Co
In the field of private international law, courts generally refuse to apply a rule of foreign law or recognize a foreign judgment or a foreign arbitral award if it goes against the accepted public...
Infosys Technologies

Infosys enters LPO market

IInfosys Technologies has joined the burgeoning legal process outsourcing (LPO) market, hiring a top international lawyer to head up a soon-to-be-launched LPO. The firm appointed Karyln Stanley, a former in-house lawyer at AT&T and former...
India court

Lawyers’ strike challenged in court

The West Bengal Bar Council, which organized a strike by almost 25,000 lawyers, could face legal action by a member of the West Bengal High Court Bar Association. The strike, which took place on 20...
Sumes Dewan,Partner,KR Chawla & Co

No clarity in UAE double-taxation deal

By Sumes Dewan,KR Chawla & Co
Due to phenomenal growth in international trade and commerce and increasing interactivity among nations, residents of one country increasingly extend their sphere of business operations to other countries. The order of the day includes flows...
database

Petition seeks patent database

IP lawyer Shamnad Basheer has launched an online petition to push for the creation of a modern patent database and for the publication of Patent Office decisions. Basheer, who runs the blog SpicyIP, started the...
YouTube

YouTube, Google sued over copyright abuse

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

Taxing times in America

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

Law school under scrutiny

TPune University’s law department has come under the scrutiny of the Bombay High Court and the Bar Council of India (BCI). In October, the court ordered an investigation into why the university had allowed 67...
British Indian Lawyers Association

UK Indian lawyers oppose opening

The debate over whether India should open its legal market to foreign lawyers has drawn the attention of the British Indian Lawyers Association, which represents Indian lawyers practising in the UK. In a representation to...
Business Law Journal, letter to the editor

Lawyers must lead the way

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

Significant steps

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

Defending hidden value

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

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