nishithadmin
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22 August 2017 at 16 : 22 PM
Competition Law Hotline: End of Ola’s woes? Competition Commission of India dismisses case for Abuse of Dominance; August 22, 2017
Read MoreAugust 22, 2017 End of Ola’s woes? Competition Commission of India dismisses case for Abuse of Dominance The Commission takes into account dynamic nature of radio taxi market to hold that Ola is not dominant in the market of “Radio Taxi services in Bengaluru” The Commission notes that test for dominance of an entity in […]
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8 August 2017 at 14 : 23 PM
Dispute Resolution Hotline: Caution: Disobeying orders of an arbitral tribunal may land you in jail!; August 07, 2017
Read MoreAugust 07, 2017 CAUTION: DISOBEYING ORDERS OF AN ARBITRAL TRIBUNAL MAY LAND YOU IN JAIL! Supreme Court clarifies that parties can be punished for contempt for any action/default in complying with Tribunal’s order or during the conduct of the proceedings and not merely restricted to taking evidence Introduction The Supreme Court (“Court”), in Alka Chandewar […]
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28 July 2017 at 14 : 40 PM
Dispute Resolution Hotline: NCLT, Courts and the RBI work together to implement the bankruptcy code; July 28, 2017
Read MoreJuly 28, 2017 NCLT, COURTS AND THE RBI WORK TOGETHER TO IMPLEMENT THE BANKRUPTCY CODE Gujrat High Court upholds the RBI Press Note dated June 13, 2017: differential treatment of 12 accounts held to be non-violative of their right to equality; Essar Steel’s NCLT proceedings to continue despite ongoing attempts to restructure debt; The filing […]
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27 July 2017 at 14 : 59 PM
Pharma Hotline: Regulated medical devices in India to lose exemption from labelling requirements; July 27, 2017
Read MoreJuly 27, 2017 Regulated medical devices in India to lose exemption from labelling requirements Highlights: Regulated medical devices will have to bear additional information on label from January 1, 2018 Declaration of country of origin or manufacture or assembly made mandatory on label of imported medical devices (both regulated and unregulated) from January 1, 2018 […]
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25 July 2017 at 14 : 43 PM
Dispute Resolution Hotline: Statutory remedy vs. Arbitration: what survives? Interplay between special statutes and the Arbitration Act on applicability of non-obstante clauses; July 25, 2017
Read MoreJuly 25, 2017 Statutory remedy vs. Arbitration: what survives? Interplay between special statutes and the Arbitration Act on applicability of non-obstante clauses The NCDRC has held that: Disputes governed by statutory enactments established for specific public purpose cannot be mandatorily referred to arbitration; Amendment to Section 8 calling for reference “notwithstanding any judgment, decree or […]
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20 July 2017 at 17 : 00 PM
Fund Structuring & Operations
Read MoreGlobal, Regulatory and Tax developments impacting India focused funds View in Browser Hope you have a good read. Feel free to contact us at ndaconnect@nishithdesai.com.
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13 July 2017 at 18 : 43 PM
Competition Law Hotline: Merger control filings get a breather!; July 13, 2017
Read MoreJuly 13, 2017 Merger control filings get a breather! Enterprises no longer required to notify the Competition Commission of India within 30 days of the trigger event. Notification to happen any time before consummation of the transaction. A. Background In terms of Section 5 of the Competition Act, 2002 (“Act”), every acquisition of control, shares, […]
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12 July 2017 at 15 : 34 PM
Regulatory Hotline: DIPP issues standard operating procedures to decide fate of FDI under approval route; July 12, 2017
Read MoreJuly 12, 2017 DIPP ISSUES STANDARD OPERATING PROCEDURES TO DECIDE FATE OF FDI UNDER APPROVAL ROUTE System of approving foreign investment proposals in India by an inter-ministerial body is now officially replaced with approval by distinct administrative ministries / departments in accordance with the standard operating procedure issued by DIPP. Foreign investment proposal proposed to […]
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11 July 2017 at 15 : 49 PM
Regulatory Hotline: Stressed assets: Regulators initiate tough measures; July 11, 2017
Read MoreJuly 11, 2017 STRESSED ASSETS: REGULATORS INITIATE TOUGH MEASURES RBI intervenes to direct immediate resolution of 12 NPAs. Significantly tougher provisioning norms for banks expected. SEBI rolls out exemptions from Takeover Code to facilitate transfer of distressed assets under the IBC. BACKGROUND The volume of stressed assets in the banking system in India has been […]
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5 July 2017 at 15 : 01 PM
Corpsec Hotline: SEBI introduces recording on non-disposal undertaking; July 05, 2017
Read MoreJuly 05, 2017 SEBI INTRODUCES RECORDING ON NON-DISPOSAL UNDERTAKING SEBI issues circular for recording of non-disposal undertakings in depository system Non-disposal undertakings to now be recorded in separate modules maintained by depositories In a bid to ensure further transparency and adequate disclosures by promoters, the Securities and Exchange Board of India (“SEBI”) has issued a […]
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4 July 2017 at 15 : 54 PM
Tax Hotline: India’s MLI Positions: Impact on Availing Treaty Benefits; July 04, 2017
Read MoreJuly 04, 2017 India’s MLI Positions: Impact on Availing Treaty Benefits India recently signed a multilateral treaty, in furtherance of the BEPS project, which is likely to have huge ramifications for businesses operating in India and foreign investors that seek to avail tax benefits under India’s double tax avoidance agreements. The BEPS Project, launched during […]
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29 June 2017 at 17 : 51 PM
Funds Hotline: Structuring India Focused Funds; June 29, 2017
Read MoreJune 29, 2017 Structuring India Focused Funds Unified structures have emerged as a preferred choice for structuring India focused funds. Such structures are gaining popularity for various commercial, legal and tax reasons which are briefly discussed in our article. A unified structure has its unique set of commercial terms which are incorporated in the fund […]
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28 June 2017 at 17 : 25 PM
Dispute Resolution Hotline: NCLAT: wider definition of “dispute” to resist an action for insolvency under the Bankruptcy Code; June 28, 2017
Read MoreJune 28, 2017 NCLAT: WIDER DEFINITION OF “DISPUTE” TO RESIST AN ACTION FOR INSOLVENCY UNDER THE BANKRUPTCY CODE The National Company Law Appellate Tribunal (“NCLAT”) interprets the definition of “dispute” under Section 8 and 9 of the Insolvency and Bankruptcy Code (“Code”) to include, apart from existing suits and arbitrations, any other actions, proceedings, conciliation, […]
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27 June 2017 at 17 : 18 PM
Dispute Resolution Hotline: Delhi High Court: Failure to meet the contractual obligations is no ground for lifting the corporate veil; June 27, 2017
Read MoreJune 27, 2017 DELHI HIGH COURT: FAILURE TO MEET THE CONTRACTUAL OBLIGATIONS IS NO GROUND FOR LIFTING THE CORPORATE VEIL Delhi High Court holds that mere failure of a corporate entity to meet its contractual obligations is no ground for piercing the corporate veil. the arbitral tribunal is a creation of limited jurisdiction, and does […]
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23 June 2017 at 17 : 58 PM
Education Sector Hotline: Rich pickings in India for Singapore’s education sector; June 23, 2017
Read MoreJune 23, 2017 RICH PICKINGS IN INDIA FOR SINGAPORE’S EDUCATION SECTOR This article was originally published in the 22nd June, 2017 edition of SINGAPORE is poised to become a Smart Nation and is leaving no stone unturned in this journey. Various projects for facilitating smart living are already underway. While the country is focusing on use […]
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22 June 2017 at 17 : 00 PM
HR Law Hotline: Contract theory: lessons for employment lawyers; June 22, 2017
Read MoreJune 22, 2017 CONTRACT THEORY: LESSONS FOR EMPLOYMENT LAWYERS This article was originally published in the Spring 2017 edition of the Labor and Employment Law Newsletter (Volume 45, Number 3) of the American Bar Association. The 2016 Nobel Prize for Economic Sciences was awarded to Dr. Oliver Hart and Dr. Begnt Holmstrom for their remarkable […]
