At first glance, the Competition Amendment Bill, 2022, seems to be revolutionary and innovative. However, its success will depend on the implementation of the regulations issued by the antitrust watchdog
Current events dictate that ESG considerations are increasing in importance for companies as well as regulators, warns Ashutosh Senger, lead counsel at Florence Capital
The number of criminal cases filed against cheque defaulters has overwhelmed India’s judicial system. One obvious solution is to decriminalise what is often a civil dispute, but lawyers aren’t convinced that’s the answer. George W Russell reports
The markets regulator has begun a process to move away from the broad concept of promoter to controlling shareholders in order to better identify who’s in charge. Shivanand Pandit reports
The IP division at Delhi High Court may be a harbinger of a new era, but India would do well to look further afield for examples of best-practice IP dispute resolution, argues KS Kardam, former senior joint controller of patents and designs at the Indian Patent Office
With the central bank poised to begin the process of adopting an official digital currency, veteran finance adviser Shivanand Pandit assesses the checks and balances needed to safeguard the process
A conversation with Anand Vijay Jha, about taking on the challenging task of changing the negative social perception of alcohol among policymakers in India’s 28 states and convincing them to tax beer at a lower rate than hard liquor
The government has allowed the private sector to step in and vaccinate staff. Pharma legal expert Shantanu Mukherjee and co-author Sampreetha Kumar explain how to navigate setting up a vaccination facility for your employees
SPACS have generated tremendous interest in India, but are these re-emerging investment tools really a practical alternative to IPOs and a panacea for reviving capital markets? And just how tightly should they be regulated?
Can the government’s plans for a ‘bad bank’ balance the ledgers and deflate the bubble of non-performing assets plaguing India’s troubled financial sector?
The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed
The 2021-22 budget was a restrained exercise that prioritised tidying up tax administration, and while the tweaks may not have grabbed headlines, they are sure to have an impact
With a rise in corporate misdeeds, the courts and the parliament are responding by necessity to the definition and treatment of executive liability in India, writes Vikramaditya Khanna
The Draft Data Centre Policy 2020 is much needed for the digital economy, but could benefit from single window clearance, economic incentives and protections against misuse of data
With IP infringers shifting pirated content to mirror websites following takedown orders, Delhi High Court has started allowing dynamic injunctions to block new means of broadcasting the material
As an elusive covid-19 vaccine draws closer, big pharma is licking its lips at the monetary potential of what could be a virtually limitless ongoing global demand. But governments may use compulsory licensing regulation to tilt the scale towards affordability as the death toll escalates
With India’s legal enforcement machinery neutralised by lockdown, infringement activity has climbed to an all-time high. What can IP owners do to stay afloat?
Advocates and court administrators are navigating the technology and direction of virtual courts like never before, but is enough being done to make these forums smooth and accessible?
Selling off public sector enterprises could be the key to strengthening a sluggish economy. Will a new privatization drive succeed where earlier attempts have failed?
A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners
A critical part of a lawyer’s job is being a good negotiator. It requires people skills, well-ordered priorities and a positive approach to doing business
High-quality protection of intellectual property (IP) is a crucial factor for companies to succeed in today’s competitive world. An effective IP strategy built together can aid the organization to manage its IP portfolio and attain a significant portion of the earnings
It is well-settled law that a non-compete obligation in an employment contract in India is unenforceable after termination of the employment. However, an acquirer in an M&A transaction can require a promoter to not compete with the business that he is selling
India Business Law Journal teamed up with prominent arbitrator Ashok Sharma and a stellar panel of GCs to debate how in-house legal teams should rise to the unprecedented challenges facing Indian companies in a post-lockdown environment
Governments adopting trace-and-track apps to prevent the spread of the pandemic have raised questions about the ‘right balance’ between pandemic response and privacy considerations
Outsourcing companies face severe operational challenges under the pandemic and understanding the impact of the force majeure clause and the doctrine of frustration is important in determining recourse for parties.
With the COVID-19 outbreak, the government has introduced a lockdown to limit the spread of the virus among the population, while introducing a raft of measures to protect businesses
With COVID-19 forcing companies to implement work-from-home policies, Jim Fitzsimmons helps us understand the cybersecurity risks posed by a remote workforce
In this difficult and dynamic environment, India Business Law Journal’s editorial team was once again tasked with selecting the winners of the Indian Law Firm Awards. Our decisions are based on thousands of nominations and endorsements received from in-house counsel, other senior corporate executives and legal professionals around the world, as well as hundreds of submissions from Indian law firms
Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds
Supreme Court Justices Dhananjaya Chandrachud and Ajay Rastogi recently passed a ruling that enables women officers to serve as army commanders. The court also granted women officers the right to extended permanent service – a privilege that previously applied only to men. While the order affords women army officers the rights they deserved long ago, it does not fix overnight the backward views and stubborn stereotypes that persist within the corridors of power, be it those in the army or elsewhere.
Of the hundreds of lawyers around the world who claim to be India experts, which ones are leading the field? To find out, India Business Law Journal sought answers from a large number of professionals, mainly experienced lawyers at Indian law firms and India-focused in-house counsel around the world.
As the country grapples with the dual realities of Digital India and being the ‘internet shutdown capital of the world’, it analyses a recent Supreme Court judgment challenging blackout actions in Kashmir
This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances
Jostling for position, arguably a useful skill when employed in moderation, has been elevated to a high art form in India, be it on busy highways or in professional life. While six or seven law firms dominate the legal market, a universe of medium and small firms of varying expertise and reputation are elbowing their way forward
The fourth annual edition of the A-List is a continuation of India Business Law Journal’s efforts to recognize India’s most outstanding lawyers. This year, in order to acknowledge the grandees of the legal profession, as well as recognizing our regular 100 A-List of highly talented practitioners, we identify 35 legal “icons”.
Indian law firms face a daunting pace attack from big accountancy firms amid a slow-wicket economy. On top of this, in-house counsel are facing up to more work internally, leaving less for law firms.