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The world has seen a tremendous growth in global trade and cross border transactions since the 1980s. Such heightened business activity has also resulted in a significant rise in contractual disputes compelling parties to seek resolution through alternate dispute resolution mechanisms, with a view to save both time and money.
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The Competition Act, 2002 (“Act”) is the central statute which, through various provisions, aims to curb practices that affect competition adversely. Specifically, it prohibits anti-competitive agreements (section 3), prevents abuse of dominance (section 4) and regulates combinations (sections 5 and 6).
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In order to engage in any M&A activity in India, the parties must be mindful of plethora of laws and policies applicable to the transaction. These include central statutes ranging from company, contract, competition, foreign exchange, labor and employment, stamp duty which is pertinent for rates regarding transaction documents, share certificates, and tax, both direct...
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A well-balanced mutually conducive relation between an employer and employee is necessary for the effective functioning of an organization. Recognizing this and an ever-growing emphasis on the ease of doing business, the Government decided to consolidate 29 existing labor laws into 4 labor codes (“Codes”) – Code on Wages, 2019 (“Wage Code”), Code on Social...
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India is one of the fastest growing economies in the world with an equally staggering workforce. With this, the rights and obligations of employers and employees take center stage. For numerous organizations, the state specific Shops and Establishment Act (“S&E Act”) assumes importance as it stipulates the employer’s duties towards employees.
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India’s ever-expanding digital infrastructure in the wake of the pandemic has escalated the demand for new, updated, and improved regulatory mandates for strengthening cybersecurity and preventing cybercrime. Rampant, almost weekly cybersecurity attacks have caused alarm bells across businesses, organizations, and individuals.
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Over the years, ever since the Insolvency and Bankruptcy Code, 2016 (“IBC”) came into force, there has been ample litigation addressing different elements of the “waterfall” mechanism prescribed in section 53 therein whereunder the secured creditors have the highest standing. This section conflicts with other statutes.
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Mediation is recognized worldwide as an effective and less adversarial method of resolving disputes. India has long encouraged mediation to reduce the overburdening of courts and on September 15, 2023 enacted the Mediation Act, 2023 (“Act”).
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On April 25, 2023, a constitution bench consisting of five judges of the Supreme Court issued a split verdict in the case of N.N. Global Mercantile Private Limited v. Indo Unique Flame Limited . The decision was passed by a 3:2 majority. The ruling clarified that an arbitration agreement as well as an instrument containing...
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