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  • Article

    High Court Allows Import Of UK Treaty Into France Treaty: Invokes Mfn Clause

    Protocols under a treaty form a part of it and do not need to be notified separately unless the treaty/protocol itself suggests otherwise.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Two Trends To Watch For In Indian Personal Taxation

    Following the recession, some countries have taken the lead in imposing taxes specifically targeting high net worth individuals. India appears to be following suit.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Bombay High Court Refuses To Grant Anti-Arbitration Injunction (Ravi Arya v Palmview Overseas)

    In Ravi Arya v Palmview Overseas, the Bombay High Court ruled that when remedies are available to the party seeking an injunction under the Arbitration and Conciliation Act, 1996...
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Scheme Of Arrangment By Listed Companies - Sebi Clarifies And Modifies Norms

    The Securities Exchange Board of India had vide circular dated February 4, 2013 prescribed fresh norms, to be complied with by listed companies, while undertaking a scheme of arrangement under sections 391-394 of the Companies Act, 1956
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Oppression & Mismanagement Case Dismissed In Favor Of Singapore Seated Arbitration

    The Company Law Board, New Delhi Bench dismissed the petition for oppression and mismanagement under Section 397 & 398 of the Companies Act, 1956.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India's Law On Prevention Of Sexual Harassment At Workplace: Analysis Of Case Laws - Part 4

    In a first of its kind judgment, the Bombay High Court has issued guidelines to ensure confidentiality of hearings pertaining to matters of workplace sexual harassment of women.
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Treaty Benefits Maybe Available Even Without A Tax Residency Certificate:Tribunal

    Recently, the Ahmedabad Bench of the Income Tax Appellate Tribunal ("Tribunal") ruled that mere non-furnishing of a Tax Residency Certificate ("TRC") cannot disentitle a taxpayer from claiming tax treaty benefits.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Rupee Denominated Bonds: Two Steps Backward!

    The Reserve Bank of India ("RBI"), in 2015, introduced rupee denominated bonds ("RDB") (also known as 'masala bonds') as instruments through which funds can be raised by Indian corporates.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Why, How, And To What Extent AI Could Enter The Decision-Making Boardroom?

    Various facets of artificial intelligence (AI) application have been discussed for a decade. Recently, a biotech VC fund used AI to make investment decisions. The AI assessed 50 parameters, which ...
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Bonus Payouts To Indian Employees Set To Be Doubled

    The Indian Government has decided to play Santa to the country's large (organized) workforce.
    IndiaEmployment and HR
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    How Key Person Events Can Lock Funds Worth Millions

    A senior hire last year by global alternatives giant Kohlberg Kravis Roberts & Co (KKR) from CLSA Capital Partners (CLSA)
    IndiaFinance and Banking
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Personal Wealth Planning Important For Carried Interest

    In 2007, the chief executive officer of a large US private equity fund racked up a bill of $3-5 million in throwing a lavish 60th birthday party.
    IndiaFinance and Banking
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The Insolvency Code Being Rewritten: For Better Or For Worse?

    Amendments to the Insolvency and Bankruptcy Code, 2016 have been cleared by the Cabinet.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Pre-Institution Mediation Under The Indian Commercial Courts Act: A Strategic Advantage

    A 2018 amendment to the Indian Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The Arbitration And Conciliation Amendment Act, 2019 – A New Dawn Or Sinking Into A Morass?

    This article was first published in the opening issue of MARC Insights, the review magazine started by Mauritius Arbitration and Mediation Centre.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The On-Demand Economy

    In contrast to a number of other jurisdictions, India has yet to witness significant litigation regarding characterisation issues of ODE workers.
    IndiaStrategy
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Impact Of Budget 2017 On Private Equity In Real Assets: Not Much To Cheer!

    In line with the expectations, and as an aftermath to the hugely controversial demonetization exercise, Budget 2017 announced on February 1 has clearly toed the populist line.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Only Solar Days Relevant For Establishment Of Service Pe In India: Bangalore Tribunal

    Electrical material Center Co. Limited ("Taxpayer"), a company based in Saudi Arabia sent four service engineers in India to provide services to an Indian entity.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Can Artificial Intelligence Be Given Legal Rights And Duties?

    Artificial Intelligence (AI) has ceased to be that fantastic big idea of the future. AI is now more science and less fiction, with computers and robots replacing humans.
    IndiaTechnology
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    The Global Drone Revolution - Aerial Transport, Agritech, Commerce & Allied Opportunities

    The Indian legal regime's relationship with drones has been eventful in the recent years and rather tumultuous at its best times.
    IndiaTransport
    Nishith Desai Associates
    Nishith Desai Associates

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