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15 January 2019 at 16 : 58 PM
Exclusive series hosted by NDA – Bilateral Investment Treaties and International Commercial Arbitration
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14 January 2019 at 18 : 05 PM
Dispute Resolution Hotline: Winds of change in the Indian Dispute Resolution landscape: A 2018 wrap
Read MoreJanuary 14, 2019 WINDS OF CHANGE IN THE INDIAN DISPUTE RESOLUTION LANDSCAPE: A 2018 WRAP Last year saw India jump 23 notches, ranking 77th worldwide in world bank’s ease of doing business index. Several reform initiatives undertaken by the Indian Government in the last few years are credited for this. The year also had its share […]
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10 January 2019 at 12 : 30 PM
Dispute Resolution Hotline: Why India’s model bilateral investment treaty needs a thorough relook
Read MoreJanuary 10, 2019 WHY INDIA’S MODEL BILATERAL INVESTMENT TREATY NEEDS A THOROUGH RELOOK This article was originally published in the 31st December 2018 edition of SUMMARY: It has been three years since the release of the new India Model Bilateral Investment Treaty (BIT). The present piece critically opines on the efficacy of the India Model BIT, why […]
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9 January 2019 at 18 : 53 PM
Dispute Resolution Hotline: Don’t lose the right! Arbitral Awards must be challenged within strict timeline
Read MoreJanuary 09, 2019 DON’T LOSE THE RIGHT! ARBITRAL AWARDS MUST BE CHALLENGED WITHIN STRICT TIMELINE An application to set aside arbitral award must be made within the strict statutory timeline. This time limit cannot be extended thereafter by using the leeway of “sufficient cause” under the Limitation Act, 1963. Time spent bona fide in a […]
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9 January 2019 at 12 : 32 PM
Dispute Resolution Hotline: SC: Former employee can be appointed as an arbitrator
Read MoreJanuary 09, 2019 SC: FORMER EMPLOYEE CAN BE APPOINTED AS AN ARBITRATOR The Arbitration Act does not disqualify a former employee from acting as an arbitrator, provided there are no justifiable doubts as to his independence and impartiality; Even the 2015 Amendment Act does not preclude former employees being appointed as arbitrators; When the mandate […]
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8 January 2019 at 17 : 21 PM
Dispute Resolution Hotline: White Collar and Investigations: India and Globally
Read MoreJanuary 08, 2019 WHITE COLLAR AND INVESTIGATIONS: INDIA AND GLOBALLY A ROUND-UP OF THE DEVELOPMENTS THIS YEAR The year 2018 was both exciting and challenging for the white-collar industry. The government, enforcement agencies, regulators have introduced new laws and tightened the scrutiny and penalties in India ensuring compliance. The multi-national corporations have focused on them […]
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8 January 2019 at 17 : 32 PM
Regulatory Hotline: To strike while the iron is hot: SEBI relaxes norms for listing of start-ups
Read MoreJanuary 07, 2019 TO STRIKE WHILE THE IRON IS HOT: SEBI RELAXES NORMS FOR LISTING OF START-UPS BACKGROUND In a welcome move, the Securities and Exchange Board of India (“SEBI”) has provided its in-principle approval for the much needed amendments to the provisions of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (“ICDR Regulations”) pertaining […]
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7 January 2019 at 14 : 00 PM
Nishith Desai Associates : Deal Corner
Read MoreJanuary 07, 2019 LINXENS ESTABLISHES INDIA PRESENCE WITH ACQUISITION OF SIEPMANN’S CARD SYSTEMS DEAL BRIEF: The Linxens Group, a global leader in the design and manufacture of micro-connectors for smart cards, RFID Antennas and inlays has acquired Siepmann’s Card Systems Private Limited, a Mumbai based company which manufactures smartcards. With this acquisition, the Linxens Group […]
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3 January 2019 at 17 : 34 PM
Dispute Resolution Hotline: English Court of Appeal clarifies scope of Litigation Privilege
Read MoreJanuary 03, 2019 ENGLISH COURT OF APPEAL CLARIFIES SCOPE OF LITIGATION PRIVILEGE Legal advice given to avoid, or even settle proceedings which are reasonably contemplated, would receive the same level litigation privilege as in cases of defending or resisting litigation. Litigation privilege does not cover all documents brought into existence for the purposes of actual […]
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28 December 2018 at 03 : 53 AM
Tax Hotline: Allotment of shares at less than FMV not taxable under section 56(2)(vii), provided it is not disproportionately higher than existing shareholding proportion and part of a genuine business
Read MoreDecember 28, 2018 ALLOTMENT OF SHARES TO EXISTING SHAREHOLDER AT LESS THAN MARKET VALUE NOT TAXABLE UNDER SECTION 56(2)(VII) WHERE ALLOTMENT NOT DISPROPORTIONATELY HIGHER THAN EXISTING SHAREHOLDING PROPORTION, AND PART OF GENUINE BUSINESS TRANSACTION Following the ruling in Sudhir Menon HUF, allotment of shares to the taxpayer (an existing shareholder of a company) at less than FMV […]
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21 December 2018 at 14 : 02 PM
Dispute Resolution Hotline: Arbitration Bill 2018 – Regressive and Retrograde
Read MoreDecember 21, 2018 ARBITRATION BILL 2018 – REGRESSIVE AND RETROGRADE This article was originally published in the 19th December 2018 edition of BRIEF INTRODUCTION: The Arbitration & Conciliation ( Amendment) Bill, 2018 is due to be placed before the Rajya Sabha. If passed in its current form it will set up a regulator for arbitration in India, […]
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20 December 2018 at 18 : 13 PM
TM assignment (December 10, 2018)
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20 December 2018 at 18 : 45 PM
Draft Payment and Settlement System Bill, 2018 (December 12, 2018)
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17 December 2018 at 18 : 14 PM
Dispute Resolution Hotline: Ineligibility of Arbitrators – Arbitration Amendment Act applies prospectively
Read MoreDecember 17, 2018 INELIGIBILITY OF ARBITRATORS – ARBITRATION AMENDMENT ACT APPLIES PROSPECTIVELY The Arbitration and Conciliation (Amendment) Act, 2015 does not apply retrospectively to arbitration proceedings commenced prior to it coming into force, unless the parties otherwise agree. Parties cannot approach the Court for the appointment of an independent arbitrator when an arbitrator has already […]
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10 December 2018 at 16 : 11 PM
Cross Border Insolvency – Insolvency Law Committee Report (December 04, 2018)
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6 December 2018 at 18 : 07 PM
Funds Hotline: How Key person events can Lock funds worth millions?
Read MoreDecember 06, 2018 HOW KEY PERSON EVENTS CAN LOCK FUNDS WORTH MILLIONS? A recent senior hire by global alternatives giant Kohlberg Kravis Roberts & Co (KKR) from CLSA Capital Partners (CLSA) has brought the spotlight on a significant clause in investments funds documentation – key person event. The purpose of such key person event provision […]
