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Mittal R S, Jasman Boparai, Titus & Co

Multi-level marketing is illegal, state courts say

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

Locked out

India’s supreme court has dealt a blow to moves to liberalize the country’s legal market. What now for foreign law firms? Rebecca Abraham reports
The Supreme Court of India has declined an opportunity to allow foreign law firms to open offices there, but ruled that foreign lawyers can continue to visit the country on a “fly-in, fly-out” basis to advise clients on foreign law.
Constructive Dismissal In India

Constructive dismissal: The quiet firing

By Agrima Awasthi, Shivanshu Sharma and Diksha Singh, Wadhwa Law Offices
Constructive dismissal, although not expressly defined and recognised under Indian law, is a significant concern in the country’s employment landscape. It refers to an employer’s conduct that effectively alters the terms and conditions of...
Renewable Purchase Obligations

Renewable purchase obligations apply to electricity cogeneration

By Abhishek Tripathi and Rahul Bangia, Sarthak Advocates & Solicitors
In a decision that will have far-reaching consequences for cogeneration plants, the Appellate Tribunal for Electricity (APTEL) has held that a state electricity regulatory commission is empowered to fasten renewable purchase obligations (RPO) on...
Angola's EPC Dispute Chinese Law Insightsvideo

Case study: Identifying employers in international EPC contracts

By Sarah Gao and Shao Xiaohui, Anli Partners
As the Belt and Road Initiative (BRI) advances, Chinese construction firms are undertaking more international engineering projects, resulting in a rise in legal disputes over overseas infrastructure construction. This article analyses a contract dispute from...
Injunctive Relief for Plant Varieties

Void clause of plant varieties statute resurrected

By Manisha Singh and Neha Ruhela, LexOrbis
Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (act), has long been contentious in intellectual property law. Even before a plant variety has been registered, the section enables an...
FOTY India 2024

Indian Law Firm Awards 2024

Recognising and rewarding excellence in the legal profession. By Chandu Gopalkrishnan The buzz surrounding India continues to grow, with strong interest from overseas investors and accelerating economic expansion across consumption, manufacturing and technology. After consolidating...
Incorporation of Arbitration Clausevideo

Reference to arbitration must be specific

By Sudeshna Guha Roy and Alabh Lal, Bharucha & Partners
In the current commercial ecosystem, multiple stakeholders are often linked by a web of interdependent business contracts. In some cases, to save time, in a bid to shorten the contract and avoid the renegotiation...
Lexicon

Habeas corpus

THIS COLUMN HAS PREVIOUSLY noted the “right to due process”, which is a fundamental right and an essential check on arbitrary rule (see China Business Law Journal, volume 6, issue 5: Magna Carta). An important...
Kerala High Court BG Harindranath Senior Advocate

Singhania’s BG Harindranath now a senior advocate

The High Court of Kerala has conferred Singhania & Co’s partner BG Harindranath with the title of senior advocate. Harindranath was among 20 advocates granted the senior designation during a full meeting of the chief...
Three ex-judges boost Yoon & Yang’s litigation capabilities

Three ex-judges boost Yoon & Yang’s litigation capabilities

Yoon & Yang has solidified its litigation team with the addition of three former judges, Dongkeun Lee, Jae Ho Hwang and Sungwook You, as partners. Lee, renowned for his 25-year tenure in the judiciary, served...
Trademark-regulation-comparison

Making marks

Reforms and upgrades to trademark and IP regulation around the world have continued apace. Here we explore some of the jurisdictions that have been particularly active India Indonesia Nigeria Russia Taiwan Economic reforms transform India’s IP landscape Any economic reform in...
Russia's trademark regulation

How trademark law impacts Russian trade

By Vladimir Biriulin, Gorodissky & Partners
India Indonesia Nigeria Russia Taiwan Trademarks are an important consideration when running a business. Russian law covers all aspects of trademarks to make business convenient and enforce the business’ rights if needed. The registration requirements are straightforward so that...
counterfeiters raid legal guidelines

Busting the counterfeiters

Katherine Abraham investigates the planning and execution of IP search and seizure operations, and speaks to the lawyers who support clients on these raids The rapid advancement of technology, coupled with an abundant talent pool...
Arbitration A global game (

Arbitration: A global game

India's courts have progressively sought to reduce interference in foreign arbitral awards and narrowed the scope where the public policy defence can be applied. However, further steps need to be taken, writes senior advocate...
energy renewable regulatory developments

Energy laws update

As countries work towards transforming their power grids we focus on the efforts of two nations to regulate and navigate these changes INDIA PHILIPPINES Tangled wires: Energy laws in India India does not have a single codified law...
Energy laws India

Tangled wires: Energy laws in India

By Sakya Singha Chaudhuri and Avijeet Kumar Lala, Neeti Niyaman
INDIA PHILIPPINES India does not have a single codified law that caters for all energy sources. Instead, energy laws in India comprise multiple statutes, rules, regulations, government policies and directives at federal and state levels that...
Evolving Tax Treaty Landscape in India

Anti-avoidance may be anti-Mauritius investment

By Seema Kejriwal and Pranoy Goswami, BMR Legal
India’s concerns about the basis of its tax treaties started with the landmark Supreme Court case of Union of India and Anr v Azadi Bachao Andolan and Anr in 2003. This case dealt with the...
Combating Misleading Advertising in India

Even the largest cannot use misleading advertising

By Ashima Obhan and Aastha Srivastava, Obhan & Associates
Established in 2006 by Baba Ramdev and Acharya Balkrishna, Patanjali Ayurved (Patanjali) is an Indian consumer goods conglomerate with a global presence. It produces an array of products, from Ayurvedic medicine and cosmetics to...
Workplace Harassment and Gender Discrimination Laws

Equal opportunities for women: Looking beyond sexual harassment

By Agrima Awasthi, Shivanshu Sharma and Diksha Singh, Wadhwa Law Offices
While workplaces in India have made significant progress during the past decade in implementing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH act), the law still needs to...
Pre-Litigation Mediation in Commercial Proceedings

No shortcut from pre-litigation mediation

The Supreme Court has rejected the notion of an “absolute and unrestricted right” to bypass pre-litigation mediation in commercial proceedings. It ruled that a prayer for urgent interim relief should not be a disguise or...
Protecting Performer's Rights in the Philippines

Asserting performers’ rights in the digital music space

By Ernest Luigi A Manzanares, Federis & Associates Law Offices
The Philippines is famously a land of singers, and the 2020 pandemic spurred the emergence of a new medium for performing – through interactive livestreams and on-demand webcasts. Within this corner of the digital...
video

No uncertainty in multiple seat arbitration provision

By Sneha Jaisingh and Vaishnavi Rao, Bharucha & Partners
The concept of the seat in arbitration proceedings has been the subject of significant analysis and discussion in Indian arbitration jurisprudence. While courts have considered the question of exclusive jurisdiction and the distinction between...
Rajah, Chelva Retnam _ Tan Rajah & Cheah

Chelva Retnam Rajah > Tan Rajah & Ceah > Singapore Top Lawyers 2024

Singapore Top Lawyers 2024 Chelva Retnam Rajah Tan Rajah & Ceah Tel: +65 6539 1648 Email: crr@trc.com.sg Practice areas Commercial litigation, arbitration; dispute resolution; commercial crime; governance Introduction Chelva Retnam Rajah has practised at Tan Rajah & Cheah since being called to...

Lexpertise Law Firm

Established in 2023 Total number of professionals:  11 (1 partner) Principal office:  Bangkok, Thailand Key practice areas · Dispute Resolution & Arbitration · Intellectual Property · Digital Platform & E-Commerce · Data Privacy and Cybersecurity Law · Technology, Media, and Telecommunication ·...
Top Thailand law firms 2024

Thailand Law Firm Awards

Asia Business Law Journal names the country’s top law firms. Lim Miran and Brian Yap report While global economic headwinds crimped demand for Thailand’s exports and slowed GDP growth to 1.9% in 2023, Asean’s second-biggest...

Roadmap for a superhighway

Mukul Shastry details how India’s state and central governments can plug the legal and regulatory gaps holding back the nation’s massive infrastructure sector Human civilisation has been in existence for at least 5,000 years. During...
Proactive approach needed to fight counterfeiters

A call to action

Combatting counterfeiters is never easy, but often the very survival of quality enterprises is on the line. The stakes are high so the right strategies are key, write Ami Parikh and Bhavesh Haria, in-house...
How and when should arrests be communicated (1)

How and when should arrests be communicated?

In the case of Ram Kishor Arora v Directorate of Enforcement, the Supreme Court had to deal again with the procedure by which the Enforcement Directorate (ED) is to arrest an accused. The appellant...
Anti-bribery-rules-in-Thailand--A-simple-guide-L

Anti-bribery rules in Thailand: A simple guide

By Sakchai Limsiripothong, Pralakorn Siwawej and Korakod Jittimaporn, Weerawong, Chinnavat & Partners Ltd
←Back to index For Japanese enterprises eyeing expansion into Thailand, a clear understanding of Thai anti-bribery laws is indispensable. The fine line between permissible business gestures and what constitutes bribery under Thai law requires careful...
IP-protection-and-dispute-management-in-Russia-L

IP protection and dispute management in Russia

By Vladimir Biriulin and Sergey Medvedev, Gorodissky & Partners
←Back to index Russian intellectual property law dates back to 1992, when Russia drafted its IP laws with an eye on German legislation. This meant that the law was solid from the beginning. Since economic...
Zhang Haomiao

Zhang Haomiao > King & Wood Mallesons > Guangzhou/Shenzhen > Lawyer Profile 2024

The Rising Star (PRC Law) Zhang Haomiao Partner King & Wood Mallesons Guangzhou/Shenzhen Tel: +86 20 3819 1116 Email: zhanghaomiao@cn.kwm.com Practice areas Antitrust & competition; Commercial litigation; Intellectual property; Technology, media and telecommunications Introduction Zhang Haomiao obtained his JD degree (US Law) and Master’s...
Grace Guo

Grace Guo > Hiways Law Firm > Shanghai > Lawyer Profile 2024

The Rising Star (PRC Law) Grace Guo Senior Partner Hiways Law Firm Shanghai Tel: +86 181 1638 6029 Email: guojie@hiwayslaw.com Practice areas Dispute resolution; Intellectual property Introduction Grace Guo Jie is a senior partner at Hiways Law Firm in Shanghai. She obtained a bachelor’s...
Lawyers' long work hours in India

Punching the clock

An elderly billionaire’s comments about working long hours has fuelled a firestorm. Katherine Abraham quizzes members of the legal fraternity about the merits of working tirelessly in a profession notorious for its skewed work-life...
IBLJ Deals of the year 2023

Deals of the Year 2023

India Business Law Journal reveals 50 standout deals and disputes of 2023, and the law firms that successfully concluded them The year 2023 will be remembered for its several notable highs for corporate India –...
Indirect tax laws in India

Charting course for indirect tax laws in India

By Shivam Mehta and Tanya Garg, Lakshmikumaran & Sridharan
Exploring recent developments and projections for the indirect tax realm With each passing year, the Goods and Services Tax (GST) undergoes a metamorphosis, unveiling surprise decisions that perplex taxpayers and leave them grappling with the evolving...
Unlawful occupation compensated

Unlawful occupation compensated after three decades

In the recent case of Rajeev Kumar Damodarprasad Bhadani and Ors v The Executive Engineer, Maharashtra State Electricity Distribution Company Limited (MSEDCL) and Ors, the Bombay High Court ordered MSEDCL to acquire the land of...
Shi Qi and Wang Boyang join JunHe

Partners to boost dispute resolution in JunHe’s Xi’an office

Shi Qi and Wang Boyang have joined JunHe’s Xi’an office as partners, strengthening the firm’s capabilities in commercial dispute resolution. Shi, formerly an equity partner at TianTong Law Firm, worked at the Intermediate People’s Court...
Fali Nariman obituary

‘Doyen of the bar’ Fali Nariman a guardian of the constitution

The passing of India’s first additional solicitor general, Fali Sam Nariman, on 21 February 2024, at 95, marks the end of an era as India loses one of its finest first generation of lawyers...

Flow interrupted!

The central bank’s move to curb evergreening loans looks set to backfire as the future of alternative investment funds may hang in the balance, writes Freny Patel Many non-bank finance companies (NBFCs) are running pillar-to-post...

Gathering dust

With more than 50 million cases pending at courts across the country, India holds the dubious distinction of one of the largest backlogs of cases in the world, with decades-old commercial disputes burdening litigants,...
dissenting financial creditors

Securing the rights of dissenting financial creditors

By Nishtha Arora and Srishti Bansal, SNG & Partners
In the recent case of DBS Bank Limited Singapore v Ruchi Soya Industries Limited and Anr, the Supreme Court held that in the insolvency proceedings of a corporate debtor, the dissenting financial creditors were...
Top Korean law firm 2023

Korea Law Firm Awards

Asia Business Law Journal names the country's top law firms. Lim Miran and Chandu Gopalakrishnan report Total revenue for South Korea’s legal services industry is expected to increase to about USD8 billion by the end...

Building an infrastructure superhighway

Mukul Shastry details how state and central governments can plug the legal and regulatory gaps holding back the infrastructure sector Human civilisation has been in existence for at least 5,000 years. During much of those...
Shin-&-Kim-boosts-insolvency,-tax-expertise-with-judge-hires-L

Shin & Kim boosts insolvency, tax expertise with judge hires

Shin & Kim has bolstered its bankruptcy and insolvency as well as taxation advisory capability with the duo hire of new partners Dong-kyu Kim and Hun-tae Doh, who joined the Seoul-based firm on 19...
Constitution upholds arbitration neutrality

Constitution upholds arbitration neutrality, party autonomy

The Supreme Court recently held, in Lombardi Engineering Limited v Uttarakhand Jal Vidyut Nigam Limited, that any arbitration clause inconsistent with the constitution is invalid. The court also held that it can determine if...
Philippines top law firms 2023

Philippines Law Firm Awards

Asia Business Law Journal names the top law firms in the Philippines. Lim Miran and Emeli Zuño report The Philippines remains one of the more competitive nations in the East Asia region, regularly recording solid...
property commercial contracts jurisdiction

Disputed jurisdiction for property, commercial contracts

In the recent case of Sanjay Suganchand Kasliwal v Golden Dreams Buildcon Pvt Ltd and Ors, the appellant appealed to the Bombay High Court against the refusal of the civil court to hear the...
ACIL Limited Insolvency Case

Reasoning at the heart of decision

The Supreme Court recently held, in Ramkrishna Forgings Limited v Ravindra Loonkar, Resolution Professional of ACIL Limited and Anr, that when the National Company Law Tribunal (NCLT) invoked section 31(2) of the Insolvency and...
A comparison of healthtech regulatory issues in North Asia

A comparison of healthtech regulatory issues in North Asia

Drug pricing and reimbursement top the agenda in South Korea, while Japan is exploring the impact of digital technology on medical information. JAPAN KOREA JAPAN Healthcare technology is attracting significant attention in Japan, and the market size of...
healthtech regulatory issues korea

A comparison of healthtech regulatory issues in North Asia: Korea

By Sung-Tae Kim, Hyun Wook Kim, Youngsik Byun and Minyoung Park, Shin & Kim
JAPAN KOREA South Korea’s medical security system comprises mandatory health insurance and medical benefits. More than 97% of the population is covered by the National Health Insurance (NHI) system, while the remaining 3% receives medical benefits...
Karthik Somasundaram joins Spice Route Legal

Karthik Somasundaram boosts Spice Route’s disputes practice

Karthik Somasundaram has joined Spice Route Legal’s disputes practice as a partner based in the Mumbai office. Somasundaram has more than two decades of experience and is widely recognised for his proficiency in TMT, IP,...

Duong Minh > Asia Counsel > Vietnam Top Lawyers 2023

Vietnam Top Lawyers 2023 Duong Minh Asia Counsel Tel: +84 973 731144 Email: minh@asia-counsel.com Practice areas Banking & finance; corporate & commercial; labour & employment; M&A; TMT Introduction Duong Minh is the managing partner of Asia Counsel Vietnam Law Company. He...
video

Literal or liberal interpretation in extending arbitration

By Sudeshna Guha Roy and Ayush Chaturvedi, Bharucha and Partners
In 2015, section 29A was added to the Arbitration and Conciliation Act, 1996 (act), to provide that the arbitral tribunal must make an award within 12 months of the close of pleadings. This period...
Countering bad-faith TM hijack

Countering bad-faith TM hijack by first-to-file

By Mila Federis, Federis & Associates Law Offices
Despite rightfully owning a trademark, a foreign company failing to apply for its registration in a timely manner in the Philippines is often confronted with the issue of bad-faith or fraudulent registration, countered by...
Billing rates survey in Indiavideo

The value vector

Law firms are going the extra mile to prove their intrinsic worth to corporate counsel, but are their billing innovations paying off? Vandana Chatlani reports Almost 4,000 companies listed on India’s stock exchanges spent USD7.54...
Fiduciary responsibility implications

Data dilemma

The very definition of a keeper of data has ramifications for how the relationship between users and processors in India will evolve, and in turn how laws must adapt to protect and regulate, writes...
swarming-IBLJ

Stirring up a hornet’s nest

The Supreme Court of India has set up a seven-judge bench to reconsider a ruling on unstamped or insufficiently stamped agreements. Indrajit Basu looks at the controversy surrounding the original judgment Editor's note In December 2023,...
Dentons LL secures NCLT approval

Dentons LL secures NCLT approval for ACIL resolution plan

Dentons Link Legal represented the resolution professional, Ravindra Loonkar, for ACIL to secure approval from the National Company Law Tribunal (NCLT) for the resolution plan proposed by Ramakrishna Forgings. The plan, previously sanctioned by an...
video

The unexpected GST burden on Japanese corporate guarantees

By Reena Asthana Khair and Vrinda Bagaria, Kochhar & Co.
The Goods and Services Tax (GST) was a game-changer in the financial and corporate sectors. Recent changes to the GST have significant implications for Japanese companies in India, particularly how corporate guarantees are taxed. Corporate...
Arbitrators' decision-making standards

Arbitrator autonomy still demands proper decision-making

The Supreme Court held, in Batliboi Environmental Engineers Limited v Hindustan Petroleum Corporation Limited and Anr, that the arbitrator has the right to interpret terms of a contract in a reasonable manner, and such interpretation...
video

Arbitrator still in place despite unilaterally adjusting fees

By Sneha Jaisingh and Zashank Mehta, Bharucha & Partners
Chennai Metro Rail Limited (CMR) awarded a public tender to M/s Transtonnelstroy Afcons (JV) (Afcons). Afcons invoked arbitration when disputes arose and a three-member tribunal was constituted. The parties agreed that each arbitrator would...
Mumtaz Bhalla

Mumtaz Bhalla > Economic Laws Practice > New Delhi > Future Legal Leaders 2024

Future Legal Leaders 2024   Mumtaz Bhalla Economic Laws Practice New Delhi Tel: +91 012 0698 4300 Email: MumtazBhalla@elp-in.com Practice areas Anti-corruption & anti-bribery; arbitration & ADR; litigation; white-collar crime Introduction Mumtaz Bhalla is a partner in the dispute resolution practice of ELP. She...
Christie Mok

Christie Mok > CFN Lawyers > Hong Kong > Lawyer Profile 2023

The Growth Drivers (International) Christie Mok Partner CFN Lawyers Hong Kong Tel: +852 3468 8483/+852 9336 6659 Email: christie.mok@cfnlaw.com.hk Practice areas Capital markets; Corporate & commercial; Energy & natural resources; M&A Introduction Christie Mok (Mok Kam Sheung) is a partner at CFN Lawyers. Her...
Cross-border tax in India

Cross-border tax sole benefit still a good object

By Mukesh Butani and Pranoy Goswami, BMR Legal
Foreign Direct Investment (FDI) in India has greatly increased in the past decade, particularly after the pandemic. This has led to more cross-border transactions in which foreign investors transfer their company holdings as a...
Importance of Patent Rules compliance

Adhere to the patent rules or else

By Manisha Singh and Shilpa Priyadarsini, LexOrbis
Delhi High Court stressed the importance of following the Patent Rules, 2003 (rules), and the significance of compliance in the recent case of Akebia Therapeutics Inc v the Controller General of Patents, Design, Trademark and...

Fresh directions

National Company Law Tribunal Mumbai counsel Mansi Kaku explores crucial changes that the insolvency board seeks to better align the corporate insolvency resolution process and overcome significant challenges It is often said that, in...
India Business Law Journal

The almighty stamp

Court judgment leaves disputes community unhappy Earlier this year, the Supreme Court of India delivered a controversial ruling, which stirred heated debates and concern among disputes lawyers across India. The judgment, rendered by a five-judge Constitutional...
dishonored cheques liability

Liability of directors for dishonoured cheques

The Supreme Court recently reaffirmed the principles relating to the liability of a director of a company for the dishonour of a cheque issued by the company. In Siby Thomas v M/S Somany Ceramics...
corporate insolvency approvals

Corporate insolvency approvals: Balancing compliance and resolution

By Veena Sivaramakrishnan, Soummo Biswas, Yugal Jain and Aditi Tomar, Shardul Amarchand Mangaldas & Co
A corporate debtor’s journey from admission to resolution comprises various compliances and procedures in India, as prescribed in the Insolvency and Bankruptcy Code, 2016 (IBC), and regulations. One of the key steps is implementation...

Making room for confessions

The inclusion of the settlement and commitment regulations in the amended competition law is set to boost the credibility of India’s antitrust commission and promote fair play in the market. But stakeholders see room...
November - December 2023 BLD ABLJ

Latest Business Law Digest Updates 2021-2023

November - December 2023 THAILAND E-commerce in sights of trade competition watchdog Thailand’s Trade Competition Commission has unveiled its 2024 agenda, with efforts to be concentrated on overseeing competition, unfair trading practices, and antitrust policies in e-commerce...
Lexicon

Expert evidence on culture and language

PREVIOUS LEXICON COLUMNS have examined issues concerning expert evidence (see China Business Law Journal, volume 10, issue 4: Expert evidence) and culture in the courtroom (see volume 11, issue 3: Culture in the courtroom). The following is...
video

Workplace harassment not to be shrugged off

By Anirudh Mukherjee and Pankaj Anil Arora, Kochhar & Co.
As most companies in India return to the work-from-office model, increased on-site interactions make it imperative for employers to put in place robust mechanisms that effectively address workplace harassment. An employee’s misconduct often results...
Lucy Rana

Lucy Rana > SS Rana & Co > New Delhi > India Top Lawyers...

The India A-List 2023-2024   Lucy Rana SS Rana & Co New Delhi Tel: +91-11-4012 3000 Email: lucy@ssrana.com Practice areas IP; corporate Introduction Lucy Rana, a managing partner at SS Rana & Co, read law at the University of Delhi specialising in intellectual property...
Vivek Vashi

Vivek Vashi > Vashi and Vashi > Mumbai > India Top Lawyers 2023-24

The India A-List 2023-2024   Vivek Vashi Vashi and Vashi Mumbai Tel: +91 22 4035 3333 Email: vivek.vashi@vashi.in Practice areas Arbitration & ADR; IP; litigation; real estate Introduction Vivek Vashi is recognised as a leading dispute resolution practitioner in India. He commenced his career...
Dheeraj Nair

Dheeraj Nair > JSA > New Delhi > India Top Lawyers 2023-24

The India A-List 2023-2024   Dheeraj Nair JSA New Delhi Tel: +91 11 4311 0636 Email: dheeraj@jsalaw.com Practice areas Arbitration & ADR; bankruptcy & insolvency; IP; litigation Introduction Dheeraj Nair has been a partner at JSA since 2009; he has been practising in Indian...
Suhaan Mukerji PLR Chambers

Suhaan Mukerji > PLR Chambers > New Delhi > India Top Lawyers 2023-24

The India A-List 2023-2024    Suhaan Mukerji PLR Chambers New Delhi Tel: +91 11 2437 0981 Email: suhaan.mukerji@plrchambers.com Practice areas Criminal defence; e-commerce, fintech, blockchain & cryptos; international trade & bilateral investment treaties; litigation - trade & investment Introduction Suhaan Mukerji is the managing...
Vishal-Gandhi

Vishal Gandhi > Gandhi & Associates > Mumbai > India Top Lawyers 2023-24

The India A-List 2023-2024   Vishal Gandhi Gandhi & Associates Mumbai Tel: +91 22 3126 5751 Email: vishal@gandhiassociates.com Practice areas Arbitration & ADR; joint ventures; M&A; private equity, venture capital & funds Introduction At the age of 28, Vishal Gandhi, a first-generation lawyer, established...
V Lakshmikumaran

V Lakshmikumaran > Lakshmikumaran & Sridharan > New Delhi > India Top Lawyers 2023-24

The India A-List 2023-2024    V Lakshmikumaran Lakshmikumaran & Sridharan New Delhi Tel: + 91 11 4129 9800 Email: lakshmi.kumaran@lakshmisri.com Practice areas Bankruptcy & insolvency; corporate & commercial; litigation; taxation Introduction V Lakshmikumaran is the founder and managing partner of Lakshmikumaran and Sridharan, a...
Alok Dhir

Alok Dhir > Dhir & Dhir Associates > New Delhi > India Top Lawyers...

The India A-List 2023-2024    Alok Dhir Dhir & Dhir Associates New Delhi Tel: +91 11 4241 0000 Email: contact@dhirassociates.com Practice areas Arbitration & ADR; litigation; project finance; restructuring & insolvency Introduction Alok Dhir, a chartered accountant and a renowned lawyer, has four decades...
The face of legaltech

The face of legaltech

Across Asia, lawyers are experimenting with legal technology and tools to capitalize on efficiency, management, and research. Vandana Chatlani explores just what tech is hot Never enough hours in the day or staff for the...
RBI revamps defaulter guidelines

RBI revamps defaulter guidelines in draft paper

The Reserve Bank of India (RBI) has unveiled a draft paper of proposed revisions to the guidelines for handling wilful defaulters. According to the bankers’ bank, the suggested changes encompass an expanded scope for regulated...
Dentons acts for Educomp Solutions

Dentons Link Legal acts for Educomp Solutions at NCLT

Dentons Link Legal has assisted Educomp Solutions to secure approval from the National Company Law Tribunal (NCLT) for the resolution plan proposed by Ebix Singapore. Educomp Solutions is an edtech company that has been undergoing...
Tan Jinghui

Tan Jinghui > Jundu Law Firm > Beijing > Lawyer profile 2023

The Visionaries (PRC Law) Tan Jinghui Director, Founding Partner Jundu Law Firm Beijing Tel: +86 10 6586 2898 Email: tanjinghui@jundufirm.com Practice areas Arbitration & ADR; Litigation; M&A; Real estate Introduction Tan Jinghui has been devoted to the construction and real estate industry for more...
urgent interim reliefvideo

No room for camouflaged urgent interim relief

By Sonam Gupta and Shiva Pande, Bharucha & Partners
Section 12A of the Commercial Courts Act, 2015 (act), provides that no commercial case may be brought until the parties have attempted to resolve their dispute through pre-institution mediation in accordance with its associated...
India's indirect taxes

The shifting sands of India’s indirect taxes

By Rajat Bose, Ankita Bhasin and Ankit Sachdeva, Shardul Amarchand Mangaldas & Co
Crackdowns, exemptions, reviews, and payment orders – India’s GST laws are pulling taxpayers in many directions at once. The goods and services tax (GST) has been a significant reform to India’s taxation system. The GST...
Japan Law Firm Awards 2023

Japan Law Firm Awards

Asia Business Law Journal names the top firms in Japan. Miran Lim and Elverina Hidayati report Japan’s economy continues to recover moderately, supported by pent-up demand, even with the GDP shrinking at an annualised pace of...
Saraf-adds-partners-to-boost-new-Hyderabad-branch-Durga-Bose-Gandham---Altaf-Fatima

Saraf adds partners to boost new Hyderabad branch

Saraf and Partners has established a new office in Hyderabad to solidify the firm’s presence in the region. Heading the Hyderabad office are partners Durga Bose Gandham and Altaf Fathima who have joined from DSK...
Gender-fair language in patent law

Gender-fair language in patent law – ‘they’ over ‘he’ and ‘she’

By Archana Shanker and Priya Singh, Anand and Anand
While communication and identity formation depend heavily on language, word choices frequently reflect unintentional gender stereotypes. Gender stereotyping is generally interwoven in language and becomes a defining factor in characterising men and women in...
video

The clouds of Rainbow Papers roll away

By Karthik Somasundram, Bharucha & Partners
The Supreme Court’s judgment in State Tax Officer v Rainbow Papers Limited was widely criticised for disregarding the waterfall mechanism of the Insolvency and Bankruptcy Code, 2016 (IBC). This prioritises the claims of workmen, secured creditors,...
Freight forwarders bill of lading disputesvideo

Focus on downstream freight forwarders withholding bill of lading

By Sun Pinghui, Joint-Win Partners
Freight forwarders often sub-contract some or all of their forwarding tasks to others. When they default on payment, sub-contractors typically withhold the bill of lading, refusing to release the cargo until outstanding agency fees...
Judicial intervention arbitration

Arbitration: reins tighten on judicial intervention

A fundamental principle of India’s arbitration law is to have limited judicial intervention in the process. It is a principle that balances the sanctity of arbitration agreements against access to justice when necessary. The...
Dissenting arbitrator's opinion

Dissent is not award

The Supreme Court, in Hindustan Construction Company Limited v National Highways Authority of India, held that the dissenting opinion of an arbitrator cannot be treated as an award if the majority award is set...
Korean guide 2023-cover

Korea outbound investment guide 2023

Korea Outbound Investment Guide 2023 - Essential Tips and Insights | Asia Business Law Journal 한국어 Strategies for South Korean investment in India This year marks the 50th anniversary of successful diplomatic relations between South Korea and...
CBLJ China law firms Regional Awards 2023

China Business Law Awards (Regional Awards) 2023

The timeless saying, “dance with shackles on”, neatly epitomises the essence of 2022. It was a year that put the resilience and adaptability of the nation’s businesses to the ultimate test. Confronting a multitude...
Cyril Shroff, Vijayendra Pratap Singh take up new SIAC roles

Cyril Shroff, Vijayendra Pratap Singh take up new SIAC roles

The Singapore International Arbitration Centre (SIAC) has appointed new members of the board of directors and the court of arbitration. Cyril Shroff, managing partner of Cyril Amarchand Mangaldas, is now a director to the SIAC...

Taiwan’s intellectual property protection and litigation

By Patrick Marros Chu and Winona Chen, Lee and Li
The amendment to the Intellectual Property Case Adjudication Act of Taiwan marks its most substantial revision in more than 14 years. The amendment grants exclusive jurisdiction over first-instance civil IP cases to the Intellectual Property...
Shashank Shekhar Tushar Joshi DMD tax practice partnership

Shashank Shekhar, Tushar Joshi quit Trilegal to work at DMD

Partner Shashank Shekhar and principal associate Tushar Joshi, both formerly colleagues at Trilegal, have moved to DMD Advocates to solidify the firm’s tax practice. Shekhar is a tax lawyer with a more than 20-year track...
regional comparison of real estate markets

A regional comparison of real estate markets

What developments are affecting the property sector in often volatile regional markets? CHINA INDIA JAPAN MALAYSIA CHINA China’s real estate market has experienced a continual downward trend since 2022, with investment and sales significantly decreased. The land premium rate is...
Disputes in Taiwan overview for Korean companies

Disputes in Taiwan: an overview for Korean firms

By Patrick Marros Chu and Matt Lai, Lee and Li
In Taiwan, a “three-level and three-instance” system is adopted for civil proceedings. Three-level refers to the courts, including the District Court, the High Court and the Supreme Court. Three-instance means a case is initially...
Real estate markets regional comparison India

A regional comparison of real estate markets: India

By Hardeep Sachdeva, Ravi Bhasin and Abhishek Awasthi, AZB & Partners
CHINA INDIA JAPAN MALAYSIA NAVIGATING INDIA INVESTMENT India allows automatic foreign direct investment (FDI) of up to 100% in the construction development sector, which includes projects such as townships, residential/commercial premises and hospitals, accounting for a significant nine per...
H2H-Arbitration-Hong-Kong-India-Japan-Philippines-Singapore

A regional comparison of arbitration landscapes

The competition for arbitration business is heating up with a host of national developments HONG KONG INDIA JAPAN PHILIPPINES SINGAPORE HONG KONG Hong Kong retained its status as a leading global arbitration hub in 2023, recovering from setbacks caused by the...
Japan arbitration landscapes

A regional comparison of arbitration landscapes: Japan

By Norika Yuasa and Daichi Ito, Miura & Partners
HONG KONG INDIA JAPAN PHILIPPINES SINGAPORE Japan is not frequently selected as a place of arbitration, mainly because it is assumed that Japanese is the language used in arbitration procedure, which is disadvantageous to non-Japanese attorneys and parties. It’s...
Commercial litigation in Indonesia

Navigating commercial litigation in Indonesia

By Nien Rafles Siregar and Bobby Rahman Manalu, Siregar Setiawan Manalu Partnership
The business climate in Indonesia is characterised by a multitude of complexities and diverse business sectors with promising growth. As commercial disputes inevitably arise, there are primarily two settlement pathways: out-of-court settlements (Cession (Assignment),...
Commercial dispute navigation in India

Navigating commercial disputes in India

By Sumeet Kachwaha and Ankit Khushu, Kachwaha & Partners
No one likes the idea of having to dispute outside one’s known territories. However, when a corporation takes on a global footprint, it needs to anticipate being dragged into litigation in unfamiliar waters. In...
Shivani Khandekar Singhania partner

Shivani Khandekar quits Trilegal, joins Singhania as partner

Shivani Khandekar has joined Singhania & Co’s dispute resolution practice as a partner after quitting her role at Trilegal. Khandekar had been working with Trilegal since 2017 and was a counsel with the team’s dispute...
India arbitration landscapes

A regional comparison of arbitration landscapes: India

By Ila Kapoor, Shruti Sabharwal and Surabhi Lal, Shardul Amarchand Mangaldas & Co in New Delhi
HONG KONG INDIA JAPAN PHILIPPINES SINGAPORE India has taken several steps to promote arbitration as an alternative dispute resolution mechanism, and facilitate a more efficient and secure arbitration process since enacting the Arbitration and Conciliation Act (Arbitration Act) in...
Philippines arbitration landscapes

A regional comparison of arbitration landscapes: Philippines

By Jose Martin R Tensuan, Antonio Eduardo S Nachura Jr and Maria Celia H Poblador, ACCRALAW
HONG KONG INDIA JAPAN PHILIPPINES SINGAPORE Recent jurisprudential developments have certainly added to the Philippines’ rich arbitration practice. They have been premised on essential legal and policy principles that ensure the integrity, efficacy and rationality of the arbitral process. Arbitration...

Singhi & Co

ESTABLISHED IN 1979 Total number of professionals: 20 (5 partners) Principal office: Ahmedabad Key practice areas Arbitration & ADR; banking & finance; bankruptcy & insolvency; corporate & commercial; environment; healthcare & pharmaceuticals; labour & employment; litigation; mergers &...
Ramon Esguerra - Esguerra & Blanco

Ramon Esguerra – Esguerra & Blanco – A-List: Philippines 2023

A-List: Philippines 2023 Ramon Esguerra Esguerra & Blanco Contact Tel: +63 2 8 840 3413-3415 Email: mon.esguerra@bleslaw.com Practice areas IP prosecution; IP litigation; IP enforcement; licensing; franchising Introduction Ramon Esguerra has led Esguerra & Blanco since he co-founded the firm in 2004. He...
Simeon Marcelo - Cruz Marcelo & Tenefrancia

Simeon Marcelo – Cruz Marcelo & Tenefrancia – A-List: Philippines 2023

A-List: Philippines 2023 Simeon Marcelo Cruz Marcelo & Tenefrancia Contact Tel: +63 2 8 810 5858 Email: sv.marcelo@cruzmarcelo.com Practice areas Arbitration & ADR; banking & finance; corporate & commercial; litigation; taxation Introduction Simeon Marcelo graduated in 1979 among the top of his law...
Susan Villanueva - Cruz Marcelo & Tenefrancia

Susan Villanueva – Cruz Marcelo & Tenefrancia – A-List: Philippines 2023

A-List: Philippines 2023 Susan Villanueva Cruz Marcelo & Tenefrancia Contact Tel: +63 2 8 810 5858 Email: sd.villanueva@cruzmarcelo.com Practice areas IP; taxation; trade Introduction Susan Villanueva is an experienced and accomplished litigator who has successfully represented IP, tax and trade cases. Villanueva heads the...
Edsel Tupaz - Gorriceta Africa Cauton & Saavedra

Edsel F Tupaz – Gorriceta Africa Cauton & Saavedra – A-List: Philippines 2023

A-List: Philippines 2023 Edsel F Tupaz Gorriceta Africa Cauton & Saavedra Contact Tel: +632 8696 0687; +632 8696 0988 Email: aeftupaz@gorricetalaw.com Practice areas Data privacy, cybersecurity and artificial intelligence (AI) initiatives; special projects; technology media & telecommunications; general corporate services; international...
Bryan San Juan - Sarmiento Loriega Law Offices

Bryan A San Juan – Sarmiento Loriega Law Offices – A-List: Philippines 2023

A-List: Philippines 2023 Bryan A San Juan Sarmiento Loriega Law Offices Contact Tel: +63 2 7 798 8115 Email: basanjuan@sl-lawoffice.com Practice areas Antitrust; M&A; energy; banking and finance law; corporate and commercial law; mining; ESG; regulatory compliance; dispute resolution Introduction Bryan A San...
Bienvenido Marquez III - Quisumbing Torres

Bienvenido A Marquez III – Quisumbing Torres – A-List: Philippines 2023

A-List: Philippines 2023 Bienvenido A Marquez III Quisumbing Torres Contact Tel: +63 2 8 819 4936 Email: bienvenido.marquez@quisumbingtorres.com Practice areas Data protection; e-commerce; licensing & franchising; IP; technology, media & telecommunications Introduction Bienvenido A Marquez III is a partner of Quisumbing Torres’ IP,...

Touching down on workplace evolution

By Shashank Jain and Ayushi Yadav, TATA SIA Airlines (Vistara)
Beyond navigating employment laws, in-house counsel are ensuring their organisations grasp forward-looking inclusion issues to create an attractive workplace. TATA SIA Airlines (Vistara) legal executives Shashank Jain and Ayushi Yadav examine the new rules...

AK & Partners

ESTABLISHED IN 2016 Total number of professionals:  15-20 (4 partners) Principal office:  New Delhi Other office: France, Italy, Singapore, Spain and Sri Lanka Key practice areas Arbitration & ADR; banking & finance; capital markets; compliance; corporate & commercial;...
Indonesia best law firm-2023

Indonesia Law Firm Awards 2023

Asia Business Law Journal names the country’s top law firms. Lim Miran and Elverina Hidayati report Indonesia has maintained steady growth despite the volatile global economic landscape in recent years. Remarkably, GDP expanded by an...
Mediation-Bill-to-reduce-backlog-L

Mediation Bill to reduce backlog

India’s Mediation Bill (2021) has been passed by both houses of parliament to alleviate the staggering backlog of court cases. The bill, which was given the green light by the Rajya Sabha (upper house) and...

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