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Clipping the clause

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

Rock steady

Tax experts from BMR Legal write that the 2026 budget is in step with 含羞草社区 long-term growth priorities

Digital data game changer

The recently rolled out DPDP reforms combine with insurance regulations to raise compliance responsibilities and alter how the industry does business in many ways

Where roads diverge

The relationship between RERA and arbitration needs clarification to enable fair resolution of real estate disputes

Air pollution: Why legal must act

When pollution causes operational disruption and becomes a governance imperative, it is time for in-house counsel to speak up

Flight protections need legal upgrade

Aviation attorney writes that India needs a dedicated law to protect the rights of passengers facing flight disruption

Blueprint for in–house success

Legal veteran Badrinath Durvasula shares advice on how legal professionals can shine in the eyes of senior management

含羞草社区 IP metamorphosis

Ahead of its annual meeting, INTA’s president highlights the need for legal innovation in India

Shaping the law

Why some recent decisions from courts granting or refusing trade dress protection are contentious

含羞草社区 arbitration dilemma

How India compares to Asian neighbours with regards to court scrutiny of arbitral awards

Hands off my property

Final decision in Property Owners’ Association v State of Maharashtra is here. What does it mean?

Financial aid

To help free up courts, bankers should choose paths other than litigation, argues ICICI Bank GC Nilanjan Sinha

The case for TPF

What factors are holding back third-party litigation funding in India?

Protection for all

The IRDAI has played a pro-active role to encourage insurance companies to introduce innovative products and integrate technology in the sector

Jumping through hoops

Foreign-owned Indian companies face hardships in making mandatory CSR contributions to NGOs

Falling through loopholes

Equity crowdfunding platforms need to be watched closely to save investors from pitfalls

Arbitration: A global game

India's role in enforcing foreign arbitral awards

A call to action

Proactive approach needed to fight counterfeiters

First time? Don’t pAnIc!

Smita Rajmohan, a counsel at Autodesk, explains how to introduce AI into your company

Building an infrastructure superhighway

The legal and regulatory challenges holding back a promising infrastructure sector

Fresh directions

How are IBBI’s proposed changes set to impact the resolution process and overcome existing hurdles

Protection revolution

With the data protection act finally out after six years, the question arises whether it was worth the wait

Tapping innate strengths

How management professionals can strengthen support functions at law firms

Touching down on workplace evolution

By Shashank Jain and Ayushi Yadav, TATA SIA Airlines (Vistara)
How in-house counsel can play a proactive role in the employment sphere

Reward for invention

Why India needs an inventor remuneration law to increase patent filings

Seen to be green

As environmental consciousness grows, using green catchphrases can be tempting for companies to mislead consumers

New safety net a surety

Why surety bond insurance is a sure thing for the infrastructure sector

Mediation by necessity

With litigation increasingly seen as problematic, mediation is emerging as a preferred way to resolve disputes

Man on a mission

Lalit Bhasin talks to IBLJ about completing 60 years in law, leading many associations, retirement and more

Where there’s a will

How legal advisers can guide clients and peers through the uncomfortable yet unavoidable subject of estate planning

Steering the ESG shift

For general counsel, embracing responsible governance may not be easy but it is the right thing to do

The patriarch

Luthra and Luthra founder Rajiv Luthra gets candid on the recent departures of his senior partners and his strategy for the firm’s recovery

Perverted priorities

CERT-In has shown more interest in collecting data and imposing restrictions on businesses than warding off cyber-attacks, write Software Freedom Law Centre’s Mishi Choudhary

Price of protection

含羞草社区 data protection plans broadside invested companies

Don’t ignore CCI’s teeth

Former chair Dhanendra Kumar comments on CCI’s new assertive avatar

Overstepping the mark

The requirement to submit a test licence in the drugs and cosmetics rules goes beyond the ambit of the Parent Act, and is a hindrance to R&D for pharma companies, writes Syngene International's Shreekanth Katti

Hot seat

Parties should clearly specify the seat of arbitration as this can be a hotbed of contention when international disputes emerge, writes Tata Capital’s Rohan Thacker

E-smoke & mirrors?

By Lalit Bhasin
The existence of differing treatments for tobacco cigarettes and their electronic counterparts is unconstitutional and illogical, writes?Lalit Bhasin

Game not over

A spate of high-stakes legal victories means the fantasy sports format is here to stay, but there is still much to be done to stabilise the industry, writes Amol Apte at Dream11

NFTs: would Vincent have approved?

Eros Digital’s GC delves into the latest investing fad, NFTs, which have reignited the debate on the creator’s right to resale

The rebuild

The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam, former senior joint controller of patents and designs at the Indian Patent Office

Putting zip in your Zoom

Communications specialist John Miers offers practical guidance for engaging positively with your virtual audience

Mood indigo

By Pallavi Shroff, Shardul Amarchand Mangaldas & Co
Soli Sorabjee was equally passionate about the law and jazz, but the latter harnessed his spirit

Getting what’s rightfully due

As important members of the legal profession, general counsel should be recognised by reviewing The Advocates Act and be supported by a regulatory body, write Akhil Prasad and Sanjeev Gemawat

New to the crew? Here’s what to do

Dibyajyoti Das of London Stock Exchange Group points to the critical first steps that in-house counsel should take in a new job

Businesses behaving badly

With a rise in corporate misdeeds, the courts and the parliament are responding by necessity to the definition and treatment of executive liability in India, writes Vikramaditya Khanna

Policy tweak

The Draft Data Centre Policy 2020 is much needed for the digital economy, but could benefit from single window clearance, economic incentives and protections against misuse of data

Reach for the sky

Blue skies await aviation sector once it flies past the current turbulence

Reimagining INTA

The CEO of the International Trademark Association, Etienne Sanz de Acedo, talks to India Business Law Journal about his reinvention of the global flagship INTA Annual Meeting event with a bold move to the virtual sphere in this pandemic year

A metamorphosis

The disruptive effects of the pandemic have prompted in-house counsel to evolve or be rendered irrelevant

The courts fight back

In a very short span of time 含羞草社区 courts have adapted to working during the pandemic, and the lessons learned during this time will be used to increase efficiency and productivity of the judicial system

Pulling the plug

In the aftermath of the TikTok ban Mishi Choudhary, the founder of Software Freedom Law Centre (India), says the government must enact pro-privacy legislation that protects private data from tech companies, regardless of their origin

Moving past the pandemic

The pandemic has thrown up challenges for maintaining productivity, honouring contracts and keeping workers employed

‘E’ sign of the times

With COVID-19, the silver lining for the legal community will be a greater adoption of e-contracts

Dealing with delays at the IPO

The Patent Office making exceptions for delays to applications due to COVID-19 is welcome, but it should adopt more applicant-friendly policies for other cases too

The risk-reward conundrum

A GC’s ability to play a lawyer-guardian type role in a company is critical

India in 2020: Tackling sexual harassment?

The legislature has cast a liability on the employer to combat sexual harassment in the workplace

India in 2020: Relief in sight from data protection bill?

The report on the revised bill is is being eagerly awaited by the industry

India in 2020: Digital transformation is key for GCs

Technology to be the buzzword at all GC discussion platforms in 2020

India in 2020: Easing restrictions on foreign investment

The surge in FDI will result in a boost for employment and the economy

Take the chains off business

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

Lose the legalese please

Many lawyers overlook the usefulness of effective writing

Innovative play in the sandbox

Insurance regulators need to adopt a flexible approach to startups

A legal legacy

Outgoing GC says governance reforms afoot at ADB

Risky proposition

The role of an independent director is an unenviable one, argues Nitin Mittal

Building trust

RERA has introduced accountability to the real estate sector but loopholes remain

Caught up in courts

It will take a lot more than commercial courts and mandatory mediation to unclog the legal system

Why we need an AI code of ethics

As artificial intelligence is now a reality, where is the fine ethical line between us and it?

Tipping point

Lord Goldsmith launches attack on changes to 含羞草社区 proposed 2018 Arbitration Bill

India in 2019

In-house counsel foretell the risks and opportunities in the pharma, data privacy and e-commerce sectors

Keeping women safe at work

A zero-tolerance culture and a strong internal complaints committee are key to addressing sexual harassment, writes Harshitha Thammaiah, general counsel at Xiaomi Technology India

Playing catch-up with technology

Laws should protect customers while not limiting their access to financial services, writes Shivli Katyayan, general counsel of Policybazaar & Group Companies

Training for a better tomorrow

Why Indian lawyers may not be competitive internationally, writes Ojasvita Srivastava, founder of Project Abhimanyu

Legislation for the ‘new gold’

The draft data protection bill appears to encourage protectionism, writes Srinjoy Banerjee, assistant vice president and legal counsel at Genpact

Why fear virtual currencies?

We must adapt to virtual currencies like we adapted to past disruptions, writes Akhil Prasad at Boeing

Fake news: A real problem

Fake news and the challenge for traditional media, writes Dibyojyoti Mainak, general counsel at InShorts

Keeping world order

Interview with the UN’s top lawyer

Building your firm’s brand

A robust marketing strategy can distinguish a law firm from the competition, writes Aman Abbas of Commwiser Consultants

Investing with a conscience

A combination of will and a code of practice are necessary for the success of ethical investing, writes PM Devaiah

India in 2018

In-house counsel predictions for the year ahead

Finding a match

Zeroing in on the right kind of external counsel requires time and a great deal of savvy, writes Kiran Radhakrishnan, legal counsel at Diversey

Bumpy road to a green transport plan

The government’s push to adopt higher emission standards and later switch to electric vehicles creates practical challenges, writes Girish Gadgil of Mahindra & Mahindra

Spice management for restaurant partners

When a restaurant-franchise relationship becomes heated, ending an agreement must be a last resort, writes Vinod Mahboobani, the general counsel at KFC and Pizza Hut

General counsel: The silent force

GCs’ contributions can’t be measured in numbers but they enable a company to achieve its aims, writes Nitin Mittal, the head of legal and company secretary at Philips Lighting, India

Still stalking?

India heads at international law firms say they have not waivered in their commitment to India

Invisible innovators

We need a global patent system that protects grassroots inventors and ensures inclusive growth

A woman’s worth

Outdated beliefs about the abilities, roles and behaviour of India's women lawyers must be dismantled, argues Parveen Mahtani, the head of legal at Tata Housing Development.

Ease of doing business: myth or battle cry?

PM Devaiah argues that centre-state differences undermine efforts to present India as a favourable commercial destination

India in 2017

What lies in store for business and law in India in the year ahead?

Real estate act needs more work

Some basic issues are yet to be adequately addressed

Am I an in-house non-practising advocate?

In-house counsel deserve recognition for non-litigation legal work

Seeing eye to eye

Nikhil Patel examines the role of trust and cultural perception in the game of negotiation

Burned by the branding ban

Idil Yasa argues for an open debate at India's anti-tobacco summit to protect businesses from extreme and ineffective regulation

Resisting the winds of change

India's legal profession is insecure?

A powerful tool

Writ petitions have radically influenced the administration of intellectual property rights in India

Taking the reins

In-house lawyers have the talent, knowledge and aptitude to become CEOs

Digital dreams

The evolution of paperless courts offers benefits

Decoding the bankruptcy code

Proposed changes to the insolvency regime will boost credit markets and entrepreneurship

India in 2016

Five legal specialists share their forecasts for the next 12 months

A password to India

Aadhaar stands to revolutionize information security with biometric identification, writes Marcello Antonucci

Culture shock

Doing business in India can throw out cultural curve balls, even for those with roots in the country, writes Satjeet Sahota

Spanner in the works

Negligence in patent working disclosure norms is damaging the interests of innovators

Criminalizing civil disputes

Questionable litigation strategies are tearing at the fabric of 含羞草社区 justice delivery apparatus

Survive and prosper

Can Indian law firms remain independent and retain quality clients after foreign law firms enter

A view from the south

Mysore Prasanna reflects on a changed Bangalore, the pursuit of learning and the realities of investing in India

Call waiting

iVoice Ventures has faith in 含羞草社区 intellectual property regime despite its lingering trademark battle against Apple

Blurred lines

Kalpana Tyagi calls for a new approach to tackling competition law challenges

Road map for reform

Lalit Bhasin, the president of the Society of Indian Law Firms, explains why he now supports the phased entry of foreign law firms

India in 2015

Six prominent figures from 含羞草社区 in-house community share their views on the legal developments that will shape domestic and international business in the year ahead

Dynamic dynasties

Family-run businesses are shedding their traditional ways in favour of a more professional approach

A long way to go

The protection and enforcement of geographical indications is still a key challenge in India

??Better together

Veta Richardson, the president of the Association of Corporate Counsel, calls for greater collaboration among in-house lawyers

Abdicating responsibility?

More needs to be done to groom young lawyers before they take on in-house and transactional roles

Time for self-assessment

How can in-house counsel evaluate whether they are fulfilling their role as business leaders

Back to school

Corporate law firms have raised demands regarding legal education

A step towards balanced leadership?

First-time women directors will bring diversity and a fresh point of view to India Inc

A narrow interpretation

Delhi High Court has violated the spirit of judicial non-intervention and curbed the powers of arbitral tribunals in a recent judgment

Correspondents

Maternity Benefit Wage Definition Reform

New code brings ambiguity for maternity benefits

By Agrima Awasthi and Diksha Singh, Wadhwa Law Offices
Force Majeure Contract Drafting

Updating force majeure clauses for India-Japan contracts

By Krishna Vijay Singh and Muneeb Rashid Malik, Kochhar & Co
Biosimilar Patent Litigation India

Trends in biologic patent litigation

By Swati Sharma and Gitika Suri, Cyril Amarchand Mangaldas

Features

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

Playing catch-up

Shared venture documentation gaps slow India funding rounds and shape foreign capital perceptions of ecosystem maturity

Expert Briefings

Arbitrating in India

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?

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