Non-Compete Clauses Under the Scanner: Legal, Corporate, and Regulatory Dimensions
Introduction The recent strategic investment by Japan’s Mitsubishi UFJ Financial Group (MUFG) in Shriram Finance has ignited a debate on the legality and appropriateness of non-compete fees paid to promoters in India. While such clauses are standard in mergers and acquisitions (M&A), the unique structure of this deal-where promoters retain management control, raises critical questions …
FOREIGN SEATED ARBITRATION AND INDIAN INSOLVENCY: A CONFLUENCE OF CHALLENGES
I. Introduction The increasing cross-border participation of Indian companies in international commerce has led to a corresponding rise in participation of Indian companies in foreign-seated arbitrations for resolution of disputes between the parties. In many instances, foreign lenders have attempted to enforce foreign arbitral awards in India against the Indian entities. However, when such Indian …
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INDIA’S INSURANCE SECTOR REFORMS: KEY HIGHLIGHTS
By: Akil Hirani and Rahul Datta, Majmudar & Partners, India
Stablecoins in India: A Regulatory Conundrum
In recent years, stablecoins have emerged as one of the most significant innovations in the digital asset ecosystem. A stablecoin is a digital token pegged to a stable asset such as fiat currencies or commodities like gold. By combining blockchain efficiency with the stability of the underlying asset, especially in fiat-backed models, stablecoins claim to …
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IMPACT OF DPDP ACT AND RULES ON PHARMACEUTICAL COMPANIES
This Article examines the impact of the Digital Personal Data Protection Act, 2023 (“DPDP Act/Act”) on pharmaceutical companies in so far as the collection, processing, storage and sharing of personal and sensitive health data is concerned. While the Act strengthens a patient’s privacy, and data protection, it also poses operational, legal and financial challenges, especially …
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THE UNBREACHABLE SANCTUM REINFORCING LEGAL PROFESSIONAL PRIVILEGE IN INDIA AND ITS CRITICAL IMPLICATIONS FOR COMPETITION LAW
By Abdullah Hussain, Kanika Chaudhary Nayar & Ishan Handa A Privilege Reaffirmed The recent judgement of the Supreme Court of India in Re: Summoning Advocates who give legal opinion[1] is not merely a legal ruling; it is a profound jurisprudential restatement of the very foundations of a robust justice delivery system. At its heart, …
Indian Courts and Arbitration in 2025: Reinforcing Judicial Restraint in Arbitral Proceedings
Introduction The arbitration landscape in India has often been critiqued for the extent of judicial intervention in the arbitral process. Despite reforms such as the 2015 amendments to the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) designed to limit challenges to arbitral awards, instances of judicial intervention persist. These include the Supreme Court’s exercise of …
RBI’s 2025 Amendment Directions on Financial Services by Scheduled Commercial Banks
The Reserve Bank of India (RBI) has issued the Reserve Bank of India (Commercial Banks – Undertaking of Financial Services) (Amendment) Directions, 2025, effective 5 December 2025, as part of a broader recast of its 2016 framework on financial services by banks and their group entities. In parallel, RBI has notified the Reserve Bank of …
RIGHTS OF A PURCHASER UNDER AN UNREGISTERED AGREEMENT OF SALE IN INDIA
By Aparajita H Mannava (Associate, Real Estate and Corporate Practice) Despite the legal requirement to register Agreements to sell (“ATS(s)”), it is often seen in practice that ATSs are left unregistered for various reasons, including but not limited to (a) avoiding stamp and registration charges, (b) being unaware of the requirement to register ATSs or …
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A CRITICAL ANALYSIS OF THE AMENDMENTS REGARDING THE INITIATION OF INSOLVENCY UNDER IBC (AMENDMENT) BILL, 2025
By Midakanti Sai Keerthana, Intern