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  • Article

    The Economics Of Morality: The 29A Conundrum

    Section 29A was introduced in the Insolvency and Bankruptcy Code 2016 (IBC) in 2017 to prevent certain kinds of persons, painted tainted under the law ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Mediation Rules – Efficient Dispute Resolution Mechanism Or Increasing Uncertainty?

    The government has recently notified the Companies Mediation and Conciliation Rules, 2016, pursuant to its powers to implement provisions of the Companies Act, 2013, under s. 469 of the Act.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Digital Privacy: First Step Towards Data Localization

    The RBI via the Notification observed the recent growth in the Indian digital payment ecosystem for which security measures on a continuous basis were necessary.
    IndiaTechnology
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Transforming RTE Through Impact Investment

    The Constitution of India was amended in the year 2002 to make the right to education for children, in the age group of six to fourteen years, a fundamental right.
    IndiaConsumer Protection
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    A Skewed View Of Corporate Fraud

    Even the most well-intentioned of legislations can be quite ineffective in providing succour to honest investors and safeguarding interests of the company.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    M&A Lab: Sun Pharma - Taro Pharma Dissection

    This is one scuffle which has rocked the two crown establishments in pharma space and has taken them through a roller coaster ride. The battalion
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    More Workers Get Covered Under India's Mandatory Employee Insurance

    The wage ceiling for employee coverage under the Employees' State Insurance Act, 1948 ("ESI Act") has been increased by the Indian government, thereby including a larger workforce...
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Online Sale Of Prescription Medicines In Jeopardy

    Madras High Court has ordered the government to ensure that no prescription medicine is sold online without a license
    IndiaFood, Drugs, Healthcare, Life Sciences
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Victory For Coca-Cola: Delhi High Court Grants Permanent Injunction Against Use Of KINLEY

    In The Coca-Cola Company v Glacier Water Industries (CS (COMM) 1290/2016), the High Court of Delhi has granted plaintiff ...
    IndiaIntellectual Property
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Indian Courts Held To Lack Jurisdiction For Setting Aside Interim Awards Passed Under Siac Rules

    In a decision dated May 9, 2013, the High Court of Madhya Pradesh set out to decide the jurisdictional authority of Indian Courts to set aside an interim award passed under arbitration proceedings governed by the Singapore International Arbitration Centre Rules, 2007.
    IndiaInternational Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India's Arbitration Act: The Turbulent Teenage Years

    India's arbitration landscape was a potpourri of Arbitration Act, 19403 the Foreign Awards (Recognition & Enforcement) Act, 1961 and the Arbitration (Protocol and Convention) Act, 1937.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Supreme Court: Non-Signatory Cannot Be Impleaded Without Establishing Its Intention To Be Bound To Arbitration

    Burden is upon the party seeking to implead a non-signatory, to show its intention to consent to the arbitration agreement
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Vodafone Case: A Bit More Arbitration-Friendly

    In turn, the Union government filed a civil suit before the Delhi High Court seeking an anti-arbitration injunction against Vodafone from initiating arbitration proceedings under the India-UK...
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Gaming Laws

    A day after the Law Commission of India released its report entitled ‘Legal Framework: Gambling and Sports Betting Including in Cricket in India ("Report"), the Commission released a press note.
    IndiaMedia, Telecoms, IT, Entertainment
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The Curious Case Of The Indian Gaming Laws

    Games, whether in the form of gambling, or popular social or casual games, are enjoyed by people of all age groups across the globe for their entertainment value.
    IndiaMedia, Telecoms, IT, Entertainment
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The Curious Case Of The Indian Gaming Laws: Legal Issues Demysitified

    Games, whether in the form of gambling, or popular social or casual games, are enjoyed by people of all age groups across the globe for their entertainment value.
    IndiaMedia, Telecoms, IT, Entertainment
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Tax Treatment Of Channel Placement Fees: Is There A "Then And Now"?

    Requirement under ITA to deduct tax appropriately before claiming expenditure should not result in a disallowance of the deductor's expenditure.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India's Technology Sector In Bangalore - Exemption From Labour Law On Standing Orders

    Bangalore, India's technology capital once again stands exempted from the Industrial Employment (Standing Orders) Act, 1946 ("Standing Orders Act")
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Stressed Assets - Rbi Granted Sweeping Powers

    Ordinance amends the Banking Regulation Act, 1949 empowers RBI to direct banks to resolve specific stressed assets and initiate Insolvency Resolution Process...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Indian Arbritation Bill 2018: A Misadventure!

    The latest legislative reforms dealing with arbitration in India have met with controversy.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates

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