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India Business Law Journal – February 2025

Volume 18, Issue 7

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Highlights:

Equity, meet politics

Draft Advocates (Amendment) Bill sinks like a stone

Since the inception of the Advocates Act, 1961, legal practitioners have enjoyed benefits different from those of their in-house counterparts, such as appearing in court to argue a matter. But a government proposal to bring equity between the two groups has sadly backfired.

This issue’s Cover story highlights the changes that the draft Advocates (Amendment) Bill 2025 was poised to offer once implemented, beyond just bringing in-house counsel on par with advocates enrolled with the Bar Council of India (BCI).

But while this fraternity appreciated the positive changes proposed, the government’s overreach and proposed influence over the BCI were not received well. Following an angry surge of opposition including lawyers’ strikes, the Ministry of Law and Justice unceremoniously withdrew the bill.

In this article, both practising advocates and in-house counsel weigh in on these developments, the missed opportunities, and what they mean for the legal community and its future. There remains hope that a revised version will do away with problematic elements.

This issue’s Spotlight shifts to the Union Budget, on which authors from Lakshmikumaran & Sridharan share their detailed insights. While the finance minister has raised the IT slab for tax-free income to INR1.2 million (USD13,700), the scepticism around reforms continues.

New provisions include simplified taxation for non-residents engaged in providing services in electronics manufacturing in India, adjustments in the interpretation of “significant economic presence” for non-residents with regard to taxation, and a transfer pricing block assessment scheme. The budget also places restrictions on the carry-forward of losses that occurs in mergers and successions, to discourage the evergreening of losses.

Overall, the 2025 Finance Bill introduces taxpayer-friendly reforms focusing on foreign investment, reducing litigation, and supporting the middle class.

In What’s the deal?, our Deals of the Year 2024 counts among its winning deals prominent IPOs done by Hyundai IPO, Swiggy and Vishal Mega Mart, as well as Vodafone’s largest follow-on offering. Outside of this, the Godrej settlement caught media attention.

India witnessed a dynamic year of deal making in 2024, driven by a booming IPO market and swift transactions. We congratulate all our deal winners, the law firms and lawyers who guided these deals to success.

In this issue’s Expert briefing titled Reverse flipping: medium rare or well done?, the managing director of Collyer Law, Azmul Haque, looks at the trend of Indian-origin startups doing “reverse flips” – that is, companies shifting their base from overseas jurisdictions like Singapore and Cayman Islands back to India.

Initially, many companies incorporated abroad for better investor access, regulatory ease, and tax benefits. However, with 含羞草社区 maturing capital markets, stricter regulatory oversight on offshore structures, and growing investor confidence the trend to turn back to India is now picking up. This briefing looks at a few notable recent reversions, including Pine Labs and Swiggy.

While 含羞草社区 appeal to startups strengthens, Singapore is countering with pro-startup policies, enhanced IPO support and funding initiatives, ensuring its continued role as a global startup hub.

As awards season continues at IBLJ, the International A-List 2025 has been announced to celebrate the most influential India-focused lawyers as testament to the best legal minds shaping 含羞草社区 global legal narrative. The A-List recognises those who have shaped high-stakes deals, complex arbitrations and landmark litigations.

These legal eagles based in leading international firms bring deep expertise in cross-border M&A, capital markets, private equity, dispute resolution and regulatory matters.

This year’s list highlights lawyers behind some of the most significant deals in 含羞草社区 corporate landscape. From assisting tech giants to advising on 含羞草社区 landmark USD3 billion Hyundai IPO, these experts have helped establish and further global investor confidence in Indian markets. With economic shifts and legal complexities intensifying, they continue to bridge jurisdictions, drive innovation, and reinforce 含羞草社区 standing in global markets.

In Vantage point, we look at how India fares with regard to judicial reviews of arbitral awards in comparison to other Asian destinations. Former judge Rishabh Gandhi highlights that 含羞草社区 arbitration landscape faces challenges due to excessive judicial intervention, undermining efficiency and finality.

While the Arbitration Act aims to limit court interference, cases like ONGC v Saw Pipes have expanded judicial review. Comparisons with Singapore, Hong Kong and Japan highlight the benefits of minimal intervention. The article proposes that India must align with global best practices, establish specialised benches, and introduce legislative reforms to be ahead of the game.

In this issue

IBC not a tool for debt collection

By Sneha Jaisingh and Akshay Ayush, Bharucha & Partners

The IBC aims to revive distressed entities, but its application often differs

Operation of DPDPA’s consent manager framework

By Ada Shaharbanu and Sean McDonald, Spice Route Legal

The DPDPA, 2023, introduced consent managers to help data principals manage their consent

Interstate captive power plants finally get verification framework

By Abhishek Tripathi and Rahul Bangia, Sarthak Advocates & Solicitors

CEA introduces framework to verify interstate captive power plants

Deals of the Year 2024

Deals of the Year 2024

The most significant deals and disputes of 2024

Reverse flipping – medium rare or well done?

By Azmul Haque, Collyer Law LLC

A look at the recent trend of Indian startups re-domiciling on home turf

Independence Of The Bar Council Of India

Shattered dreams

Controversial bill that would have recognised in-house counsel as legal practitioners is withdrawn

AI and Copyright Law

Regaining control by opting out of LLMs

By Essenese Obhan and Anjuri Saxena, Obhan & Associates
Angel Fund Reformsvideo

Angel fund reforms help investments grow wings

By Swathi Girimaji and Mita Sood, Bharucha & Partners
AI in Legal Practice

Role of technology and AI in transforming M&A deals

By Justin Bharucha, Bharucha & Partners

The rise of AI in M&A deals highlights the need for nuanced human oversight

RBI Fraud Classification Judgment

Top court to RBI on master direction: You say fraud, we say prove it

By Amol Sharma and Aman Siwasiya, SNG & Partners
Judicial Review in Arbitration

含羞草社区 arbitration dilemma

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

The International A-list 2025

The International A-list 2025

A-List: The top international lawyers for India matters

Criminal justice system enters the digital age

By Krishna Vijay Singh, Manish Dembla and Madhavi Dutta, Kochhar & Co

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