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  • Article

    Here Is How Restrictive Laws Will Stifle Drone Industry

    To be eligible to fly a drone, a remote pilot is required to have attained 18 years and have undergone thorough ground training and practical training.
    IndiaTransport
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Chancery Division (England And Wales High Court):- Arbitration Mandate: Intention Trumps Uncertainty

    ABP owns and operates several ports in United Kingdom including Tidal Harbour in Wales, situated near Tata Steel's iron and steel works.
    United KingdomCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Here's Why Cash On Delivery Is Not Illegal In India

    Several sections of media reported this week that the ‘Cash on Delivery' model made popular by ecommerce players in India is illegal.
    IndiaTechnology
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India-Supreme Court Rules On Jurisdiction Of Courts In Execution Of Arbitral Awards (Sundaram Finance V Samad)

    Arbitration Analysis: The Indian Supreme Court in Sundaram Finance Ltd v Abdul Samad and Anor (Civil Appeal No 1650 of 2018, 15 February 2018), has put an end to the decade long debate ...
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Arbitral Tribunal v. Court – The Delhi High Court Walks The Tight Rope Of Jurisdiction

    Affirming the duty of a curial court in arbitration, recently the Delhi High Court in Indeen Bio Power Limited v. Dalkia India Pvt. Ltd found that it was for the arbitral tribunal to determine the existence and validity of the arbitration agreement.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Arbitration Clause In An Unstamped Agreement? Supreme Court Lays Down The Law

    The Supreme Court of India in a recent judgment has considered the validity of an arbitration clause and the arbitral appointment made thereunder, when such arbitration clause formed part of an unstamped agreement.
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Delhi High Court Removes Red Tape In Referring Disputes To Arbitration

    Formal application under Section 8 is not required if defendant raises an objection on maintainability of suit due to existence of arbitration clause in written statement;
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Proceedings Against Bharti Airtel For Non- Deduction Of Tax Barred By Limitation

    In the absence of any limitation period prescribed in the statute, a reasonable period should be applicable for proceedings against non-deduction of tax for payments made to non-residents.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Genericisation Evokes Fierce Debate At Third Edition Of Vantage Point

    A fiery debate on ‘Genericisation: Panacea or Pandora's Box?' ensued at the third edition of Vantage Point, Express Pharma's platform to discuss and deliberate on Indian pharma sector's most pressing and controversial topics.
    IndiaFood, Drugs, Healthcare, Life Sciences
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    India—No Statutory Appeal If Party Fails To Resist Enforcement Of A Foreign Award (Kandla v OCI Corporation)

    Kandla Export Corporation & Anr v M/s OCI Corporation & Anor Civil Appeal No. 1661-1163 of 2018, judgment dated 7 February 2018 (not reported by LexisNexis® UK)
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    End Of Bumpy Ride For Uber? CCI Smoothens The Road

    The Competition Commission of India ("Commission") in In Re: Meru Travel Solutions (Private) Ltd v Uber India Systems (Private) Ltd. ("Uber Order") held that Uber India did not hold a dominant position...
    IndiaAntitrust/Competition Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Corporate Litigation Landscape Of India Overhauled!

    Over the last year, India has taken tangible steps in reforming its judicial setup to bring about efficiency and speed in disposal of commercial matters.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Delhi High Court: Failure To Meet The Contractual Obligations Is No Ground For Lifting The Corporate Veil

    Delhi High Court holds that mere failure of a corporate entity to meet its contractual obligations is no ground for piercing the corporate veil.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Employee Stock Option Plans In India: Restrictions On Trust Structures

    The Indian securities market regulator has prohibited listed companies in India from framing any employee benefit scheme involving acquisition of the company’s own securities from the secondary market.
    IndiaCorporate/Commercial Law
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Budget 2017: Reform, Growth And Investment Opportunities In The Indian Education Sector

    Very few Indian universities and colleges are regarded to be at par with international standards
    IndiaGovernment, Public Sector
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Foreign Investment Structure Seen As A 'Colorable Device' And Held Illegal

    Bombay High Court evaluates a downstream FDI structure to rule that investment in the holding company was a 'sham' structured to invest downstream by way of redeemable instruments.
    IndiaGovernment, Public Sector
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Foreign Lawyers Allowed To Practice Foreign Laws On Casual Visits To India

    Supreme Court allows foreign lawyers to give legal advice on foreign law involving diverse international legal issues on "casual" visits to India ...
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    No Room For Even Perception Of Bias In An Arbitrator, Says Supreme Court

    Sets aside award on finding that there was a perception of bias with respect to the sole arbitrator who passed the award
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Supreme Court Opines Against Forum Shopping In Foreign Seated Arbitrations

    Supreme Court holds that forum shopping resorted by Union of India is nothing but abuse of the process of Court...
    IndiaLitigation, Mediation & Arbitration
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Allotment Of Shares To Existing Shareholder At Less Than Market Value Not Taxable Under Section 56(2)(vii) Where Allotment Not Disproportionately Higher Than Existing Shareholding Proportion, And Part Of Genuine Business Transaction

    Following the ruling in Sudhir Menon HUF, allotment of shares to the taxpayer (an existing shareholder of a company)
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates

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