vLex India

Forms and Contracts

  • Supreme Court Clarifies the Law on Maintenance

    Introduction: In our blog post titled “Maintenance and Women[1]”, we had inter alia discussed various statutory provisions under which women in India can claim maintenance. This blog post is in furtherance to the said post. Recognising the dire need to have uniformity, consistency, procedural fairness and time efficiency in disposal of maintenance applications, the Supreme... (See Article)

    Dec 1, 2020 7:32 AM

  • Emergency Awards passed in Foreign-seated Arbitration: Enforceable or not ?

    A recent award passed by an Emergency Arbitrator at the instance of Amazon.com NV Investment Holdings in relation to Reliance Retail Ventures Limited’s (RRVL) ongoing acquisition of Future Group’s retail, wholesale, logistics, and warehousing arm, has once again brought into sharp focus a gap in India’s aspirations to improve Ease of Doing Business in the... (See Article)

    Nov 27, 2020 7:32 AM

  • GOI Notification of 9th November on Digital Media – The Beginning of the Regulatory Journey for the Digital Space?

    On November 09, 2020, the President of India issued a notification under Article 77(3) of the Constitution amending the Govt of India (Allocation of Business) Rules, 1961, according to which the Information & Broadcasting  Ministry (“I&B Ministry”) will now have the power to regulate and formulate policies, issue orders, instructions, notifications etc., pertaining to online... (See Article)

    Nov 23, 2020 7:33 AM

  • Commerce Initiates Antidumping and Countervailing Duty Investigations on Utility Scale Wind Towers from India, Malaysia, and Spain

    On November 10, 2020, the U.S. Department of Commerce (“Commerce”) announced the initiation of antidumping (“AD”) and countervailing duty (“CVD”) investigations on Utility Scale Wind Towers from India, Malaysia, and Spain (Spain is AD only). The petitioners in this case are the Wind Tower Trade Coalition. See our previous post summarizing the petition for details... (See Article)

    Nov 16, 2020 7:33 AM

  • Arm’s Length Pricing -Navigational Tools for the Audit Committee

    India has one of the most detailed set of laws and regulations governing disclosures and approvals of related party transactions (RPT) regulating both listed and unlisted companies. The provisions of Section 188 of the Companies Act, 2013 (the Act) are applicable if: a company enters into a transaction with a ‘related party’ as defined under... (See Article)

    Nov 11, 2020 7:33 AM

  • FDI IN DIGITAL MEDIA: A CASE FOR FURTHER CLARIFICATION

      The Government of India recently issued a clarification on FDI in digital media sector. The pre-cursor to this clarification is Press Note 4 of 2019 (“Press Note 4”) that allowed up to 26% FDI in entities engaged in uploading/ streaming of news and current affairs through digital media platforms under the Government approval route,... (See Article)

    Nov 6, 2020 7:33 AM

  • Raising Cross-Border Debt – The Indian and US Experience

    CAM authors collaborate for this article with our Guest Authors – Michael J. Cochran, Partner at Kilpatrick Townsend & Stockton and Gabrielle Gollomp , Associate at Dentons _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _... (See Article)

    Nov 5, 2020 7:33 AM

  • Foreign direct investment reviews 2020: A global perspective - India

    Government approval is required for all foreign investments from countries sharing a land border with India - Non-residents investing in India are required to comply with India's Foreign Direct Investment (FDI Policy and other foreign investment and foreign exchange regulations, including the Foreign Exchange Management Act (FEMA) and the regulations and notifications thereunder. The FDI Policy is issued and revised from time to time by the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry, Government of India (GOI). (See Article)

    Nov 3, 2020 7:32 AM

  • EU toughens rules for sesame seeds from India

    The European Commission has strengthened checks on sesame seeds from India as recalls due to pesticide residue contamination continue. The move was prompted by food safety incidents notified through the Rapid Alert System for Food and Feed (RASFF) portal and information from official controls by member states on the seeds from India. An alert was... (See Article)

    Nov 2, 2020 7:33 AM

  • Automatic Vacation of Stay Orders in Six Months: A Positive Affirmation

    Cases in India can take years to be disposed of. Stay of proceedings on account of interim orders has been greatly responsible for causing inordinate delay in disposal of cases. These orders typically stay effective unless expressly vacated, or until a final order is passed, which then subsumes the interim order. Interim orders that stay... (See Article)

    Oct 29, 2020 7:33 AM

  • Recent Articles of Interest

     From SSRN: Timothy Lubin, Dignity and Status in Ancient and Medieval India, (Human Dignity in Asia: A Dialogue between Law and Culture, edited by Jimmy Chia-Shin Hsu (Cambridge University Press, Forthcoming). Neil James Foster, Statutory Construction and Biblical Hermeneutics- Law in the Service of the Gospel?,  ((2020) 252 St Mark’s Review 106-128). From BYU Law Review,... (See Article)

    Oct 27, 2020 7:33 AM

  • India Announces New Opportunities for Defense Contractors, Investors

    As part of the Indian government’s initiatives to revitalize the Indian economy, particularly defense manufacturing, it recently announced new initiatives aimed at foreign defense contractors and investment. The Indian government will allow direct purchases from foreign contractors as long as the procured item contains a minimum of 50 percent domestic content that is manufactured by an Indian subsidiary... (See Article)

    Oct 26, 2020 7:32 AM

  • Prior Intimation Requirement under the Listing Regulations – A Critique

    Introduction Norms concerning corporate governance in India have evolved over a period of time. Since markets and businesses are inherently dynamic, they continue to evolve globally. The Securities and Exchange Board of India (“SEBI”), to its credit, has been on the ball and contributed significantly towards raising the standards of corporate governance for listed... (See Article)

    Oct 21, 2020 9:09 AM

  • Corporate Frauds – Emerging Legal Architecture & Judicial Trends

    Corporate scandals and frauds in India are as old as the hills. The 1950s witnessed the infamous LIC/ Mundhra scam, which was the first major financial fraud of the independent India. Frauds continued with an alarming regularity thereafter in every decade – the infamous Harshad Mehta, Ketan Parekh, Sahara, and Satyam scams are just a... (See Article)

    Oct 14, 2020 6:33 AM

  • India Consulates Extend Deadline to Convert from PIO to OCI

    The deadline for Person of Indian Origin (PIO) cardholders to apply for Overseas Citizen of India (OCI) cards at Indian Consulates around the world is now December 31, 2021, extending the previous deadline of September 30, 2020. Applications are typically processed within four to five business days. However, PIO cardholders are urged to register for... (See Article)

    Oct 14, 2020 6:33 AM

  • Commerce Initiates New Administrative Reviews on AD/CVD Orders

    On October 6, 2020, the U.S. Department of Commerce published a notice initiating new Administrative Reviews for antidumping duty (AD) and countervailing duty (CVD) orders with August anniversary dates. Listed below are the countries and products named in the notice: India: Finished Carbon Steel Flanges (A-533-871/C-533-872) Japan: Tin Mill Products (A-588-854) Malaysia: Polyethylene Retail Carrier... (See Article)

    Oct 7, 2020 6:33 AM

  • Arbitrable or Not – India at Crossroads?

    As a rule, arbitral tribunals have been considered capable of adjudicating every civil or commercial dispute, which can be decided by a civil court, subject to: (i) the dispute being covered under the arbitration agreement; (ii) the party/ parties to the dispute referring the same to arbitration and (iii) the disputes being capable of adjudication... (See Article)

    Oct 6, 2020 6:33 AM

  • New content

    A resource has been added Unnes Law Journal (from the number 1-1, April 2012)

    Oct 5, 2020 1:20 PM

  • Petition Summary: Utility Scale Wind Towers from India, Malaysia, and Spain

    On September 30, 2020, the Wind Tower Trade Coalition (“Petitioner”), filed a petition for the imposition of antidumping duties on utility scale wind towers from India, Malaysia, and Spain. Additionally, the petition alleges that imports of utility scale wind towers from India and Malaysia are unfairly subsidized and requests the imposition of countervailing duties. SCOPE... (See Article)

    Oct 1, 2020 8:33 AM

  • Multi-country recalls due to ethylene oxide in sesame seeds

    The presence of an unauthorized substance in sesame seeds from India has prompted a spate of product recalls across Europe. The ethylene oxide alert was first raised by Belgium in early September but now concerns almost 20 countries. Ethylene oxide is a genotoxic carcinogen after regular consumption. Sesame seeds were used in the production of... (See Article)

    Oct 1, 2020 6:33 AM

  • Foreign Pension Funds’ tax treatment to match Sovereign Funds for certain investments

      Background With a view to boost infrastructure investments in India and make Indian investment more attractive, the Finance Act, 2020 (FA, 2020) introduced section 10(23FE) in the Income-tax Act, 1961 (IT Act). This section provides an exemption from tax in India in respect of income of certain specified investors who have investments in the... (See Article)

    Sep 30, 2020 7:33 AM

  • The Final Word on the Limitation Period for Enforcement of Foreign Awards

    The Supreme Court has, in its recent judgment of Government of India v. Vedanta Limited & Ors.[1], settled the law relating to limitation for filing petitions for enforcement and execution of foreign awards in India. The Court held that petitions seeking enforcement/execution of foreign awards are required to be filed within three years from the... (See Article)

    Sep 29, 2020 6:33 AM

  • Striking off Name of a Company: The Jurisdictional Issue

    Jurisdiction is not given for the sake of the judge, but for that of the litigant – Blaise Pascal Recently the Delhi High Court in Money Market Services (India) Private Ltd. v. Union of India held that an order passed by Registrar of Companies (ROC) striking off the name of a Company can be challenged... (See Article)

    Sep 24, 2020 6:33 AM

  • Assessing Indian tax considerations for successful offshore listing of Indian companies

    We have seen in the blog dated September 14, titled ‘Using SPAC Vehicles as a Means of Listing Outside India’, that special purpose acquisition companies (“SPAC”) are making a comeback for the purposes of listing of companies outside India. As a follow up to the earlier blog, we will examine some feasible structures for offshore... (See Article)

    Sep 23, 2020 6:33 AM

  • What Do I Need To Know About Valuing a Coal-Based Power Plant in India?

    As the world shifts toward renewable energy sources, south Asia’s dominant economy expects to reduce its dependency on coal-based power plants. But it will still need to rely on coal consumption to meet its growing electricity needs. Therein lies opportunity — but not without certain risks. (See Article)

    Sep 16, 2020 6:32 AM

  • Using SPAC Vehicles as a Means of Listing Outside India

    An overview  Special Purpose Acquisition Companies (“SPACs”) have made a comeback on the Wall Street. SPACs are essentially investment companies backed by sponsors to raise capital from the public in an initial public offering (“IPO”) in the USA for the sole purpose of using the proceeds to acquire targets that are to be identified after... (See Article)

    Sep 15, 2020 6:33 AM

  • Gujarat Industrial Policy 2020: A Renewed Focus on Attracting Investment

      ­­­­­­­­­The Indian economy has not been immune to the side-effects of COVID-19, particularly as far as the healthcare and financial systems are concerned. Amidst such global economic turbulence, the Indian government has made efforts to boost the economy by announcing a significant economic stimulus package under the Atmanirbhar Bharat (self-reliant India) scheme. Many state... (See Article)

    Sep 14, 2020 6:33 AM

  • How and Why to Value Coal-Based Power Plants in 2020

    India is the third largest producer and consumer of electricity in the world. The total installed capacity in India has increased from 174 gigawatts (“GW”) in fiscal year (“FY”) 2011 to 370 GW in FY2020; a compounded annual growth rate (“CAGR”) of 9 percent. The growth in installed capacity has led to a reduction in the country’s overall power deficit from 8.8 percent in FY2011 to 0.5 percent in FY2020, and subsequently to a projected surplus of 2.7 percent in FY2021. Please see full Publication below for more information. (See Article)

    Sep 11, 2020 6:32 AM

  • 2020 Census Will Tabulate Sikhs As Ethnic Category

    India West reported yesterday that for the first time, Sikhs can be counted in the ongoing 2020 census as a separate group, despite the legal prohibition on the census asking questions about religion.  The Census Bureau will consider Sikhism to be a cultural or ethno-religious category.  As explained by India West: Sikhism does not appear... (See Article)

    Sep 10, 2020 6:33 AM

  • CIPL and DSCI Publish Report on Enabling U.S.-India Data Transfers

    The Centre for Information Policy Leadership at Hunton and the Data Security Council of India have published a report on "Enabling Accountable Data Transfers from India to the United States under India’s Proposed Personal Data Protection Bill," which highlights the importance of continued flows of data between India and the U.S. following the expected passage of new comprehensive data protection legislation in India. (See Article)

    Sep 10, 2020 6:33 AM