ArticleEmployee Severance Limit Doubled: A Gratuitous Act By The Indian Government!The Payment of Gratuity Act, 1972 provides for payment of severance in the form of gratuity upon employment termination.IndiaEmployment and HRNishith Desai Associates
ArticleRBI Greenlights Its Fintech Regulatory Sandbox! - Application Window Begins November 15, 2019The Reserve Bank of India (RBI), India's central bank, had earlier in August prescribed detailed guidelines and an operational framework on a regulatory sandbox to be set up in the fintech spaceIndiaTechnologyNishith Desai Associates
ArticleFoundation Holdings And Ryan Group's Joint Ventue; Acquistion Of Pearson's Managed Schools BusinessFoundation Holdings and Ryan International Group have formed a joint venture under the brand ‘Ryan EduNation' to expand footprints in K-12 education in India. IndiaConsumer ProtectionNishith Desai Associates
ArticleGreen Growth Equity Fund Obtains £240 Million In Commitments From The Governments Of India And The UK As Part Of Its First ClosingOn April 18, 2018, India' Prime Minister, announced the setting up of a joint India-UK Green Growth Equity Fund (the "Fund"), during his visit to the UK.IndiaGovernment, Public SectorNishith Desai Associates
ArticleDrone Law & Policy Developments In India – Welcoming Drones In 2020Year 2019 kept a majority of stakeholders in the Indian drone ecosystem busy with the task of achieving new technical standards to become compliant with the regulatory framework for drone IndiaTransportNishith Desai Associates
ArticleIndia—Supreme Court Holds Non-Signatory Cannot Be Impleaded Without Establishing An Intention To Be Bound By Arbitration (Reckitt India v Reynders India)In this piece, Sahil Kanuga and Siddharth Ratho of the International Dispute Resolution and Investigations practice analyze and discuss a recent decision of the Supreme Court IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleSEBI's Big Bang Changes: Impact AnalysisThe Securities and Exchange Board of India ("SEBI") at its board meeting held on August 16, 2012 has introduced substantial reforms to the primary and secondary marketIndiaCorporate/Commercial LawNishith Desai Associates
ArticleVodafone Decision: All Is Not Lost, Perhaps NothingThe High Court of Bombay has just upheld the Indian Revenue Department's jurisdiction to proceed against Vodafone on its USD 11.1 billion acquisition of Hutchison's Indian telecom operations back in February 2007.IndiaCorporate/Commercial LawNishith Desai Associates
ArticleIs Fraud Open To Arbitration?Arbitrability of fraud has been one of the contentious issues in arbitration.IndiaCriminal LawNishith Desai Associates
ArticleTech-ing On CorruptionScams relating to public procurement and government approvals have generally entailed key individuals exercising discretion in favour of a (generally) undeserving party against a more deserving party. IndiaCriminal LawNishith Desai Associates
ArticleEmployment Contracts In India: Enforceability Of Restrictive CovenantsThe employer-employee relationship is, and has always been, in a constant state of evolution. As the nature of this relationship evolves and changes,...IndiaEmployment and HRNishith Desai Associates
ArticleIndia's Federal Labour Law On Payment Of Wages - Increase In Salary ThresholdThe Indian government has increased the monthly salary threshold for applicability of the Payment of Wages Act, 1936 ("Wages Act"), from Rs. 18,000 (~US$280) per month to Rs. 24,000 (~US$375) per month.IndiaEmployment and HRNishith Desai Associates
ArticleInjunction Against Former Employee For DefamationThe Bombay High Court has acted swiftly in restraining a former employee ("Defendant") from posting defamatory content on social media against his employer. IndiaEmployment and HRNishith Desai Associates
ArticleSuccessor Employer Held Liable For Social Security Default Prior To TransferTransferor entity had defaulted on its social security obligations towards its employees, prior to the date of transfer. IndiaEmployment and HRNishith Desai Associates
ArticleRisk Classification Of Medical Devices And IVDs Published! Countdown For January 1, 2018 Begins!On November 1, 2017, India's central medical device regulator, the Central Drugs Standards Control Organization, published a revised risk classification of medical devices and IVDs...IndiaFood, Drugs, Healthcare, Life SciencesNishith Desai Associates
ArticleE-Mobility: A Sustainable Automotive FutureThe automobile industry of the 20th century was dominated by western automobile manufacturers from the United States and other European nations. IndiaGovernment, Public SectorNishith Desai Associates
ArticleWhy India's Model Bilateral Investment Treaty Needs A Thorough RelookIt is good news that India has not completely abandoned its BIT regime, but not more than one country adopting the 2016 model BIT is sufficient indication of infirmities in the modelIndiaGovernment, Public SectorNishith Desai Associates
ArticleNew Data Protection Law Proposed In India! Flavors Of GDPRTherefore, at this stage the full impact of the proposed law cannot be comprehended in entirety. IndiaPrivacyNishith Desai Associates
ArticleA Post-GST Regime Must Ensure There Are No Remnants Of A Legacy Tax RegimeAssignificant as the Constitution Bill (Amendment Bill) 2014 being passed in Parliament is, the passage of a single goods and services tax (GST) law would be even more unprecedented. IndiaTaxNishith Desai Associates
ArticleDemonetizing Our Way To The Digital WorldEvery disruption creates opportunities. The demonetization also offers us an opportunity to leap frog from the millennia-old physical world of currency to the emergent digital world. IndiaTechnologyNishith Desai Associates