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28 February 2022 at 19 : 59 PM
Transaction Documents – Part II (February 22, 2022)
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28 February 2022 at 12 : 24 PM
HR Law Hotline: Fear or Cheer? Running the Last Mile on Labor Law Consolidation in a Pandemic World
Read MoreFebruary 28, 2022 FEAR OR CHEER? RUNNING THE LAST MILE ON LABOR LAW CONSOLIDATION IN A PANDEMIC WORLD This article was originally published in the February 2022 edition of SUMMARY Unless we live under a rock, we all know about the ongoing labor law consolidation! Yes, the four Labor Codes – the Code on Wages, […]
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25 February 2022 at 14 : 19 PM
Yes, Governance Matters. – ESG: Yogi of Dalal Street
Read MoreFebruary 25, 2022 ESG: YOGI OF DALAL STREET The operations and governance of a stock exchange must always be above board and for all to see. It is unfortunate that the then board and management of the NSE permitted it to be dragged into such a needless crisis. Having done so, the management of the […]
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23 February 2022 at 15 : 29 PM
Tax Hotline: Tribunal’s Rules on MFN Clause: Juxtaposed with CBDT’s Circular
Read MoreFebruary 23, 2022 TRIBUNAL’S RULES ON MFN CLAUSE: JUXTAPOSED WITH CBDT’S CIRCULAR Pune Tribunal rules in favour of taxpayer to allow benefit of MFN clause under India – Spain tax treaty. Holds that there is no requirement to separately notify a Protocol to a tax treaty to make its provisions effective, given that the […]
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21 February 2022 at 15 : 54 PM
Dispute Resolution Hotline – District Courts v. High Courts having original civil jurisdiction: Supreme Court’s verdict on courts having jurisdiction to execute foreign decrees
Read MoreFebruary 21, 2022 DISTRICT COURTS V. HIGH COURTS HAVING ORIGINAL CIVIL JURISDICTION: SUPREME COURT’S VERDICT ON COURTS HAVING JURISDICTION TO EXECUTE FOREIGN DECREES Where there is a split jurisdiction between High Courts exercising original jurisdiction and District Courts based on pecuniary value, such High Courts would be competent to execute a foreign decree of the superior court […]
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16 February 2022 at 16 : 57 PM
Dispute Resolution Hotline: What is ‘acceptable error’ and ‘unacceptable error’ in an arbitral award? Supreme Court clarifies the scope of judicial intervention
Read MoreFebruary 16, 2022 WHAT IS ‘ACCEPTABLE ERROR’ AND ‘UNACCEPTABLE ERROR’ IN AN ARBITRAL AWARD? SUPREME COURT CLARIFIES THE SCOPE OF JUDICIAL INTERVENTION An erroneous contractual interpretation by an arbitrator should not lead to setting aside of an arbitral award if the interpretation is a plausible one. A contractual interpretation which results in rewriting the […]
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11 February 2022 at 18 : 20 PM
CE – ESG and Crisis Management at the Board with a discussion on the Bharatpe controversy (February 08, 2022)
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11 February 2022 at 16 : 42 PM
Technology Law + Regulatory Hotline: Foreign Drone Imports Restricted: Boost for Make in India
Read MoreFebruary 11, 2022 WILL THREAT OF ATTACHMENT OF ASSETS BY ED RESURFACE DURING LIQUIDATION PROCESS UNDER IBC? India has largely prohibited import of drones Import of drone components exempted to encourage domestic drone manufacturing Move to incentivise domestic drone manufacturers and boost investments Drone imports allowed only for limited activities upon obtaining import authorisations […]
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11 February 2022 at 10 : 22 AM
IP Hotline: Dealing with associated trademarks in pharma brand acquisitions in India
Read MoreFebruary 11, 2022 DEALING WITH ASSOCIATED TRADEMARKS IN PHARMA BRAND ACQUISITIONS IN INDIA It is common for pharmaceutical companies to name different drugs with similar prefixes/suffixes to create a strong recall value for the brand. At times, the common part of the product name is derived from the trade name of the company. One […]
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10 February 2022 at 13 : 10 PM
Dispute Resolution Hotline: Will Threat of Attachment of Assets by ED Resurface During Liquidation Process under IBC?
Read MoreFebruary 10, 2022 WILL THREAT OF ATTACHMENT OF ASSETS BY ED RESURFACE DURING LIQUIDATION PROCESS UNDER IBC? Authority to attach assets of corporate debtor under PMLA suspended during Liquidation Proceedings only after approval of method of sale by NCLT. ED could retain power to attach assets of corporate debtor between liquidation commencement date and date of approval […]
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9 February 2022 at 14 : 14 PM
India Budget 2022: International Arbitration Centre in GIFT City
Read MoreSpeaker: Vyapak Desai Ashish Kabra
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9 February 2022 at 14 : 59 PM
India Budget 2022: Regime for Cross Border Insolvency
Read MoreSpeaker: Vyapak Desai Ashish Kabra Arjun Gupta
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8 February 2022 at 10 : 44 AM
Technology Law + Regulatory Analysis: Models of Single Brand E-Commerce -FDI hurdles and Other Regulatory Compliances
Read MoreFebruary 08, 2022 MODELS OF SINGLE BRAND E-COMMERCE –FDI HURDLES AND OTHER REGULATORY COMPLIANCES With the world moving online, we have seen a shift in the way businesses are reaching out to customers. In the recent past, several brands have launched their own branded e-commerce websites in addition of their products being available on […]
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7 February 2022 at 11 : 38 AM
Tax Hotline: Most Favored Nation Clauses in India Tax Treaties – A Continuing Saga
Read MoreFebruary 07, 2022 MOST FAVORED NATION CLAUSES IN INDIA TAX TREATIES – A CONTINUING SAGA The Central Board of Direct Taxes (“CBDT”) issued a circular last week (February 03, 2022) clarifying the applicability of Most-Favored Nation (“MFN”) clauses in tax treaties of India with certain jurisdictions (“Circular”).1 The effect of an MFN clause is […]
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5 February 2022 at 15 : 57 PM
ESG: wider consequences of management behaviour
Read MoreFeb 05, 2022 Welcome to the Yes, Governance Matters podcast at Nishith Desai Associates. In this podcast, Sahil Kanuga, Co-head of the International Dispute Resolution & Investigations practice at Nishith Desai Associates talks about the ESG consequences of management behaviour. You can refer to our analysis available at: https://www.nishithdesai.com/fileadmin/user_upload/Html/Hotline/YGM_M_Feb0522.htm If you have any queries or […]
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5 February 2022 at 10 : 45 AM
Yes, Governance Matters. – ESG: Wider Consequences of Management Behaviour
Read MoreFebruary 05, 2022 ESG: WIDER CONSEQUENCES OF MANAGEMENT BEHAVIOUR The tone at the top dictates the Company’s culture, and the Company’s culture has a wide-ranging impact on its performance, valuations, and long-term sustainability. While the aggressive approach and risk-taking attitude of promoters and CEOs are often the cause for the bullish growth of a […]
