ArticleHere Is How Restrictive Laws Will Stifle Drone IndustryTo 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. IndiaTransportNishith Desai Associates
ArticleChancery Division (England And Wales High Court):- Arbitration Mandate: Intention Trumps UncertaintyABP 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 LawNishith Desai Associates
ArticleHere's Why Cash On Delivery Is Not Illegal In IndiaSeveral sections of media reported this week that the ‘Cash on Delivery' model made popular by ecommerce players in India is illegal.IndiaTechnologyNishith Desai Associates
ArticleIndia-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 & ArbitrationNishith Desai Associates
ArticleArbitral Tribunal v. Court – The Delhi High Court Walks The Tight Rope Of JurisdictionAffirming 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 & ArbitrationNishith Desai Associates
ArticleArbitration Clause In An Unstamped Agreement? Supreme Court Lays Down The LawThe 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 & ArbitrationNishith Desai Associates
ArticleDelhi High Court Removes Red Tape In Referring Disputes To ArbitrationFormal 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 & ArbitrationNishith Desai Associates
ArticleProceedings Against Bharti Airtel For Non- Deduction Of Tax Barred By LimitationIn 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.IndiaTaxNishith Desai Associates
ArticleGenericisation Evokes Fierce Debate At Third Edition Of Vantage PointA 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 SciencesNishith Desai Associates
ArticleIndia—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 & ArbitrationNishith Desai Associates
ArticleEnd Of Bumpy Ride For Uber? CCI Smoothens The RoadThe 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 LawNishith Desai Associates
ArticleCorporate 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 LawNishith Desai Associates
ArticleDelhi High Court: Failure To Meet The Contractual Obligations Is No Ground For Lifting The Corporate VeilDelhi 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 LawNishith Desai Associates
ArticleEmployee Stock Option Plans In India: Restrictions On Trust StructuresThe 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 LawNishith Desai Associates
ArticleBudget 2017: Reform, Growth And Investment Opportunities In The Indian Education SectorVery few Indian universities and colleges are regarded to be at par with international standardsIndiaGovernment, Public SectorNishith Desai Associates
ArticleForeign Investment Structure Seen As A 'Colorable Device' And Held IllegalBombay 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 SectorNishith Desai Associates
ArticleForeign Lawyers Allowed To Practice Foreign Laws On Casual Visits To IndiaSupreme Court allows foreign lawyers to give legal advice on foreign law involving diverse international legal issues on "casual" visits to India ...IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleNo Room For Even Perception Of Bias In An Arbitrator, Says Supreme CourtSets aside award on finding that there was a perception of bias with respect to the sole arbitrator who passed the award IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleSupreme Court Opines Against Forum Shopping In Foreign Seated ArbitrationsSupreme Court holds that forum shopping resorted by Union of India is nothing but abuse of the process of Court...IndiaLitigation, Mediation & ArbitrationNishith Desai Associates
ArticleAllotment 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 TransactionFollowing the ruling in Sudhir Menon HUF, allotment of shares to the taxpayer (an existing shareholder of a company) IndiaTaxNishith Desai Associates