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Home November 2019

November 2019

creditors
Bharucha & Partners

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
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Looking beyond litigation for resolving disputes
Features

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution
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Practitioner's Perspective

When should companies recoup pension fund losses?

Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout
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Practitioner's Perspective

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute
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insolvency
Phoenix Legal

Insolvency rules issued for financial services providers

By Sawant Singh and Aditya Bhargava, Phoenix Legal
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HIRA
Vidhii Partners

Examining validity of West Bengal’s HIRA Act

By Vikram Wadehra and Nupur Rathi, Vidhii Partners
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company
Samvad Partners

Perils of company buyback in venture capital financing

By Siddharth Seshan and Tushar Gogoi, Samvad Partners
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tribunals
JSA

Tribunals are here to stay, but with improvements

By Amit Kapur, J. Sagar Associates
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fraud
Bharucha & Partners

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
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privacy
Hammurabi & Solomon

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
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Essar
SNG & Partners

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
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rising star
Intelligence report

Rising Stars 2019

Jostling for position, arguably a useful skill when employed in moderation, has been elevated to a high art form in India, be it on busy highways or in professional life. While six or seven law firms dominate the legal market, a universe of medium and small firms of varying expertise and reputation are elbowing their way forward
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claims
Lakshmikumaran & Sridharan

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
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Spotlight

In the hot seat

Baker McKenzie’s first Asian global chair discusses India, trade war and the firm’s future
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insolvency
S&R Associates

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates
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Investment
Spotlight

Open for business

Foreign investment requirements relaxed in single brand retail and other areas
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harassment
What’s the deal?

Progress against harassment

How courts are dealing with prosecutions of sexual harassment in the workplace
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patent
LexOrbis

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis
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trademark
LexOrbis

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis
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encumbrance
Shardul Amarchand Mangaldas & Co

FAQs for encumbrance definition raise concerns

By Yogesh Chande and Preeti Kapany, Shardul Amarchand Mangaldas & Co
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vehicles
Sarthak Advocates & Solicitors

Are electric vehicles sparking into life at last?

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
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environment
HSA Advocates

EVs: Driving towards a sustainable environment

By Dipti Lavya Swain and Ketaki Dandiya, HSA Advocates
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Practitioner's Perspective

Guide to litigation strategies

By Sneha Jaisingh and Shreya Gupta, Bharucha & Partners
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FDI
L&L Partners

FDI reforms give embattled economy a shot in the arm

By Vaibhav Kakkar and Sahil Arora, L&L Partners
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tax
India Law Offices

Methods to levy indirect tax on e-commerce players

By Gautam Khurana and Mamta Saluja, India Law Offices
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leniency
Chandhiok & Mahajan

Taking a lenient approach to leniency

By Karan Chandhiok and Ruchi Khanna, Chandhiok & Mahajan
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news
Market pulse

News in Brief

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deals
Deal digest

Deals in Brief – November 2019

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partners
Market pulse

Kay Legal gives equity to 2 partners

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IndiGo
Market pulse

IndiGo GC in uncharted territory

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Hindustan
Market pulse

New GC at Hindustan Coca-Cola Beverages

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Total
Deal digest

Adani Gas sells large stake to Total

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Advent
Deal digest

Advent fully acquires lingerie brand Enamor

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IPO
Deal digest

Budweiser’s HK IPO includes Indian work

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Aakash
Deal digest

Blackstone takes stake in test prep company Aakash

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creditors
Dispute Digest

CJM can deal with applications of secured creditors

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proprietary
Dispute Digest

Sole proprietary concerns cannot file insolvency petitions

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nurse
Dispute Digest

Commercial use clarified for nurses’ residences

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Hotels
Dispute Digest

Hotels are liable for theft of guest’s vehicles

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data
Business Law Digest

RBI clarifies data localization norms

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payments
Business Law Digest

Retail payments to be first RBI sandbox grouping

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data
Business Law Digest

Committee to look into NPD governance

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board
Business Law Digest

Amended rules target board transaction powers

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tax
Business Law Digest

Tax evasion convention comes into force

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clinical forensics
Inbox

Revitalizing clinical legal education

Clinical legal education serves as the critical link between theory and practice
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exchange
Business Law Digest

Foreign exchange management rules notified

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tax
Vantage point

Take the chains off business

Recent moves to decriminalize violations of corporate and tax law are welcome
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Most Recent

Market Pulse

Correspondents

AI Content Labelling Rules

Of beauties and beasts: The digital dilemma

By Ashima Obhan and Shuchi Dutta, Obhan Mason
Cross-Border Guarantee Rules

Contingent liability and evolution of cross-border guarantees under FEMA

By Aman Avinav, Phoenix Legal
Green Hydrogen Transition

Is green hydrogen 含羞草社区 key to withstanding global oil crisis?

By Anjan Dasgupta, Roochi Loona and Yashaswini Basu, DSK Legal

Features

India FDI Policy Update

Policy, paradox and participation

LG 含羞草社区 Rajiv Malik welcomes changes to Press Note 3 that mean a new FDI policy for close neighbours

Knock knock

Knock knock

Preparing for 含羞草社区 multi-agency dawn raids: Building response architecture, preserving privilege and documenting every step

Insurance Cybersecurity Data Protection

Guarding the nest eggs

Life insurers’ digital shift demands stronger legal oversight to protect customer data and cyber resilience

Expert Briefings

Arbitrating in India

India Singapore Arbitration Strategy

Selecting seat, venue and institution in arbitration

By Ankit Goyal, RPC

Shaping Indian arbitration jurisprudence

By Sumeet Kachwaha, Kachwaha & Partners

Opinion

Prohibited Claims Arbitration

Clipping the clause

To what extent does party autonomy hold sway over contracts that involve exceptional or prohibited clauses?

Jobs

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