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12 January 2021 at 11 : 01 AM
Dispute Resolution Hotline: Are Tenant – Landlord disputes arbitrable? Supreme Court of India overturns its own judgment
Read MoreJanuary 12, 2021 ARE TENANT – LANDLORD DISPUTES ARBITRABLE? SUPREME COURT OF INDIA OVERTURNS ITS OWN JUDGMENT Leased properties exempted under rent control legislations would be governed by Transfer of Property Act; Landlord-tenancy disputes governed by Transfer of Property Act are arbitrable; Arbitrators can grant reliefs provided under landlord-tenancy provisions of the Transfer of Property […]
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6 January 2021 at 17 : 24 PM
Technology + Regulatory Hotline: Privacy and Data Protection – India Wrap 2020
Read MoreJanuary 06, 2021 PRIVACY AND DATA PROTECTION – INDIA WRAP 2020 2020 was the year in which the world went more digital than ever before, owing to the pandemic that altered life as we knew it. One of the silver linings of the year was the spotlight on the importance of data and data flow. […]
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1 January 2021 at 13 : 36 PM
Dispute Resolution Hotline: 2021 ICC Arbitration rules come into force today!
Read MoreJanuary 01, 2021 2021 ICC ARBITRATION RULES COME INTO FORCE TODAY! BACKGROUND The International Chamber of Commerce (“ICC”) launched the Revised Rules of Arbitration (“2021 ICC Rules”), on 1 December 2020.1 The 2021 ICC Rules enter into force on January 1, 2021. The ICC Arbitration Rules 2017 (“2017 ICC Rules”) will continue to apply to cases […]
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31 December 2020 at 17 : 31 PM
Investment Funds: Monthly Digest: Valuation of AIFs in India vs funds in the US
Read MoreDecember 31, 2020 VALUATION OF AIFS IN INDIA VS FUNDS IN THE US INTRODUCTION The Securities and Exchange Commission (“SEC”) recently adopted the “Good Faith Determinations of Fair Value”1, (“rule 2a-5” or “final rule”) under the Investment Company Act, 1940 (“Act”) which will apply to registered investment company or business development company (“Fund”). The final […]
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31 December 2020 at 11 : 35 AM
Digital Health Update: Regulatory Yearly Wrap 2020: Digital Health in India
Read MoreDecember 31, 2020 REGULATORY YEARLY WRAP 2020: DIGITAL HEALTH IN INDIA INTRODUCTION Digital health is the inevitable next step in the healthcare space. Since the release of the National Health Policy, 2017 which identified the attainment of universal healthcare through the setting up of a digital health ecosystem, the Government has steadily been releasing policy […]
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30 December 2020 at 12 : 52 PM
Healthcare Update: Regulatory Yearly Wrap 2020: Healthcare in India
Read MoreDecember 30, 2020 REGULATORY YEARLY WRAP 2020: HEALTHCARE IN INDIA INTRODUCTION This year has seen two significant legislations having an impact on the healthcare space. The passage of a new consumer protection framework brings much needed clarity on product liability regulation in India while the enactment of the National Medical Commission Act, 2019 overhauls the […]
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29 December 2020 at 16 : 26 PM
Tax Hotline: Madras HC holds transfer of shares without consideration is not “gift” absent voluntariness, upholds levy of capital gains tax
Read MoreDecember 29, 2020 MADRAS HC HOLDS TRANSFER OF SHARES WITHOUT CONSIDERATION IS NOT “GIFT” ABSENT VOLUNTARINESS, UPHOLDS LEVY OF CAPITAL GAINS TAX Inter-company transfer of shares without consideration held not to be exempt absent meeting criteria of valid “gift”; held subject to capital gains tax. Gift of shares to subsidiary held not to be valid […]
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29 December 2020 at 11 : 41 AM
Medical Device Update: Regulatory Yearly Wrap 2020: Medical Device in India
Read MoreDecember 29, 2020 REGULATORY YEARLY WRAP 2020: MEDICAL DEVICE IN INDIA INTRODUCTION This year has been perhaps the most significant year for medical device companies from a regulation perspective since the Medical Device Rules, 2017 (explained below) came into force on January 01, 2018. The Government has amended medical device regulation to significantly expand the […]
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28 December 2020 at 16 : 11 PM
Dispute Resolution Hotline: Cairn v. India – Investment Treaty Arbitration
Read MoreDecember 28, 2020 CAIRN V. INDIA – INVESTMENT TREATY ARBITRATION FOREIGN INVESTORS CONTINUE TO FIND RELIEF FROM SOVEREIGN RETROSPECTIVE TAXATION POWERS OF STATES UNDER INTERNATIONAL LAW On December 21, 2020, the international arbitral tribunal (Tribunal) constituted in the case of Cairn Energy Plc and Cairn UK Holdings Limited (collectively ‘Cairn’) v. The Republic of India1 held […]
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28 December 2020 at 12 : 47 PM
Pharma Update: Regulatory Yearly Wrap 2020: Pharmaceuticals in India
Read MoreDecember 28, 2020 REGULATORY YEARLY WRAP 2020: PHARMACEUTICALS IN INDIA INTRODUCTION The pharmaceutical and life sciences industry has been at the center of public discussion this year like never before due to the COVID-19 pandemic. The role of the industry has been crucial not only in developing potential treatments or vaccines for COVID-19 but also […]
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24 December 2020 at 17 : 53 PM
Dispute Resolution Hotline: Why more Indian business disputes are settled elsewhere
Read MoreDecember 24, 2020 WHY MORE INDIAN BUSINESS DISPUTES ARE SETTLED ELSEWHERE Recent trend indicates that several disputes related to Indian parties and businesses are getting referred to dispute resolution process in non- Indian jurisdictions and parties dont prefer India as a seat for such resolution. In a recent article published in titled The case of […]
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24 December 2020 at 13 : 49 PM
Nishith Desai Associates : Deal Corner
Read MoreDecember 24, 2020 NIIF FINAL CLOSE DEAL BRIEF National Investment and Infrastructure Fund Limited (NIIFL) completed its fifth and final round of fund raising for its NIIF Master Fund. U.S. International Development Finance Corporation (DFC), the development finance institution of the United States federal government, Public Sector Pension Investment Board (PSP Investments), one of Canada’s […]
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22 December 2020 at 12 : 18 PM
M&A Hotline: Non-compete clauses: protection or restraint?
Read MoreDecember 22, 2020 NON-COMPETE CLAUSES: PROTECTION OR RESTRAINT? SUMMARY This article first appeared on the website of the Corporate and M&A Law Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. The article analyses the uncertainty […]
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21 December 2020 at 15 : 08 PM
Recent Developments in the Telemedicine Space in India (December 15, 2020)
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19 December 2020 at 21 : 59 PM
Opportunities in GIFT City
Read MoreSetting up Funds in India’s New Offshore Financial Centre View in Browser Hope you have a good read. Feel free to contact us at ndaconnect@nishithdesai.com.
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18 December 2020 at 18 : 06 PM
Funds Hotline: Relaxations for AIFs in GIFT City
Read MoreDecember 18, 2020 RELAXATIONS FOR AIFS IN GIFT CITY AIFs in GIFT City permitted to undertake leverage, subject to satisfaction of prescribed conditions. Co-investment in portfolio companies permitted by AIFs in GIFT City through segregated portfolio, provided the investment terms are not favourable than those offered to the common portfolio and appropriate disclosures are made […]
