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In-house divas

India Business Law Journal hears the voices of three women corporate counsel
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Features

Banking on the courts

Case law shows that seeking and granting injunctions to delay the payment of bank guarantees is usually unjustified
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Law may lack teeth to live up to promise

Discussion about hether the new law will be effective in preventing instances of sexual harassment in the workplace
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discrimination
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Battling discrimination

India’s new sexual harassment law has far reaching implications for employers and employees
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Flying into trouble?

A spanner thrown into the works of the Jet-Etihad deal could have wide repercussions for M&A in India
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New directions

The responsibilities, rewards and liabilities of independent directors will be transformed by the new Companies Act
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Calling the shot

As general counsel move closer to the centre of power in Indian companies, their clout over law firms is increasing
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Cellular ambition

Rajiv Mohapatra outlines the steps that in-house counsel should take to set up mobile banking services
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Drug patent trends in India

Patients everywhere would benefit from top-down reform to align India’s patent law with global norms
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Deepak Sriniwas of Lex Orbis
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Compulsory licensing: round two

The recent rejection of an application to produce a generic version of a patented drug shows India is following the rules
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Trademark litigation in India

Meenu Maheswary and Omesh Puri of Lex Orbis explain why the use of a mark is key in establishing and retaining a proprietor’s rights
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IP mind games

As foreign companies enforce their IP rights more aggressively in India, Indian companies are coming under attack
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Camping at the Campa Cola compound

Residents of unauthorized buildings in Mumbai got a temporary reprieve from a demolition order
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How investment treaty arbitration works

John Savage of King & Spalding explains why Indian and foreign investors need to know more about bilateral investment treaties
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Deadlock

Arbitration fails to prevail over litigation as parties to disputes continue to battle it out in India’s overburdened courts
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Guernsey: meeting India’s needs

Fiona Le Poidevin, the chief executive of Guernsey Finance, explains how Guernsey can satisfy India’s ever-increasing demands
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Getting on top of tax issues

Uncertainties on the tax front can be daunting for investors in India
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Treading carefully

With elections looming, foreign investors have one more reason to be wary
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Revitalizing India

Ten legal thought leaders talk candidly about India’s economic woes and outline a series of bold measures to put the shine back into the country’s economy
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Playing by new rules

While in many respects India’s new Companies Act has come up trumps, doubts remain over its implementation
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Horror stories

India’s complex and unpredictable tax regime continues to spook investors
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Keeping a steady hand

Ish Bali, director of legal at Coca-Cola India, explains how it is possible to run a tight ship with help from your larger family
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The rise of the phoenix

Will the Intellectual Property Appellate Board continue to stir up a storm now that its high-profile chairperson has retired
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Money matters

Only a calculated economic and monetary policy can revive the rupee
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Trouble ahead?

As India grapples with a falling rupee, some companies are likely to be hit much harder than others
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Lowering the barriers

Rukshad Davar at Majmudar & Partners analyses the recent FDI reforms and their implications for foreign investors
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Looking in-house for IP insights

Rebecca Abraham asks in-house counsel at DuPont and JCB how they stay ahead of India’s intellectual property violators
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Sunny solutions?

Bhavana Alexander and Gargi Chatterjee compare India’s state solar power policies and consider the burning issues facing domestic and foreign investors in the sector
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Time to align

Transfer of technology agreements run the risk of falling foul of India’s competition regime
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boxing gloves
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Punching above its weight

India’s competition watchdog may be the new kid on the block, but it has already been flexing its muscles
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Beating the drums

A burst of reform sweeping through Africa could change the rhythm and pace of Indian and international investment in the region
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Faltering banks and fickle funds

The bailout of banks in Cyprus and a haircut being imposed on deposit holders has attracted global attention, but is it affecting investments into India?
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Going beyond lawyering

An interview with Neena Gupta of InterGlobe Enterprises sheds light on why companies across India are waking up to how valuable in-house lawyers can be
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Liberalization … really?

Sakate Khaitan, a senior partner at Clasis Law, previews India’s long-overdue insurance law reforms
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Ground rules

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Wheels in motion?

Vishnu Padmanabhan examines the key bills passing through India’s parliament that may affect domestic and international businesses
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Hemant Sahai is the managing partner at HSA Advocates and Aparajit Bhattacharya is a partner at the firm. They can be contacted at mail@hsalegal.com.
Features

Reading the minds of in-house counsel

anaging client expectations is all about getting to grips with the needs and concerns of in-house counsel
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More bang for your buck

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Going the Madrid way

Ashwin Julka and Bisman Kaur at Remfry & Sagar examine the procedural intricacies of the Madrid Protocol and what it means for India
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Getting to grips with divisional applications

Patent applicants need to take care to ensure their rights are not rejudiced
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Strategies for patent prosecution in India

Patent prosecution in India is not as complex as it appears. A robust prosecution strategy is the key to success
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Dhruv Anand is a partner of Anand and Anand, where Achuthan Sreekumar and Udita Patro are senior associates.
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Reaching across borders

The Hague Evidence Convention has streamlined the collection of evidence in cross-border cases
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Licensing without consent

The sole compulsory licence granted by the Indian patent office has unsettled innovators
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Meet the experts

India Business Law Journal introduces 50 Indian law firms that international IP owners and their legal advisers should know about
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Eying new horizons

Mauritius is responding to the possible introduction of anti-avoidance rules in India by forging new partnerships elsewhere
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Prashanth Sabeshan is a Bangalore-based partner at Majmudar & Partners.
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A budgetary boost?

India’s recent budget offers no panacea for the country’s infrastructure woes, but does contain policies that may stimulate new investment
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Finishing the job

Simplified regulations and risk reduction measures are required to revive India’s flagging infrastructure sector
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The write stuff

The art of legal writing and drafting is one of the most challenging aspects of legal practice faced by lawyers in India
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Keeping your hands clean

Companies should prepare for the possible introduction of a ‘failure to prevent bribery’ offence in India
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Battle strategies
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Battle strategies

Corporate counsel get candid about disputes
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Heir to the throne?

Law firms grapple with succession planning
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A sleeping giant

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Effective arbitration: the devil lies in the details

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A banker’s bosom friend

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Hong Kong: a seat for resolving India-related disputes?

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Taking control over arbitration

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A losing battle
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A losing battle?

Delays and high costs dash dispute resolution hopes
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Waiting for its moment

Kerala’s evolving legal market
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Any takers
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Any takers?

A package of reforms aimed at whetting investors’ appetites may be too little too late
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Vinay Ahuja, head of the India desk at DFDL
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A growing attraction

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Fine-tuning policies

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Wooing investors the Polish way

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Marios Eliades at Tassos Papadopoulos & Associates LLC
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A winning location

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Opportunity knocks

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Green trails or trials?

Lawyers get to the root of corporate counsel’s environmental concerns
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The buck stops here

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Beating a retreat?

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Tug of war

Conflicting views on the buyback of shares continue to baffle investors
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Sections

Prosper or perish?

Clearing legal hurdles in the US
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Queuing up to leave

The challenges of exiting Indian investments
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Recovering from a stall

What policy making can propel India’s airline industry?
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Persuasive partners

What should you know when choosing the best senior counsel to stand by your side?
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A two-way street

A guide to the use of bilateral investment treaties
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N Raja Sujith Majmudar & Partners
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Regulating private traffic

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Frustrated funds

Will a new regulator and a more favourable tax regime succeed in stimulating the private equity sector?
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Evicting cyber-squatters

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Can IP be owned in India
Features

Can IP be owned in India?

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Catarina Neto Fernandes Angolan aspirations
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Angolan aspirations

Catarina Neto Fernandes offers a guide on investment routes for foreign companies
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Moving out of the shadows

Have women lawyers succeeded in breaking through the glass ceiling?
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Calling the shots

Indian businesses are beefing up their in-house legal teams
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A fine balance

Indian businesses grapple with the risks, uncertainties and opportunities presented by the euro crisis
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Survival of the fittest

Are Indian law firms doing enough to groom and nurture young legal professionals?
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No escape

More senior executives being prosecuted and even denied bail has made managing a company in India a risky business
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Hard labour

Ajay Raghavan outlines instances where India’s labour regime is out of sync with most other jurisdictions
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What you didn’t know about your lawyer

Revealing the personalities behind India’s legal personas
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Charting a course
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Charting a course

Neerav Merchant explains the options available for insolvency and bankruptcy of companies in India
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Tooling up

By Deprived of adequate insolvency protection, Indian companies in distress are struggling to restructure
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A hard act to follow
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A hard act to follow

The stage is set, but will Ratan Tata’s successor live up to expectations?
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Indian student
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An educated choice

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Tzvetoslav Mitev Georgiev Todorov & Co
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Bulgaria: Wide open to non-EU investment

Tzvetoslav Mitev discusses opportunities for Indian companies in Bulgaria
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Should I shake her hand?

Appreciating cultural laws, norms and nuances is integral to business success in Brazil and Colombia,
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Calculated moves

Indian investors rethink outbound strategies
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What lies beneath?

Investors are diving deeper to rigorously assess their business targets before sealing a deal
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Risky business

What are the legal risks associated with trading in securities in India?
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Defending your turf

As India’s new takeover regulations take root, Akil Hirani provides practical tips for corporate counsel
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Surveying the field

Predators eyeing India’s listed companies have been empowered by new takeover rules
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A city that never sleeps

Competing with rivals Singapore and London, Hong Kong’s vibrant legal market is alive to India’s possibilities
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Prakash Pillai - Rajah & Tann
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Choosing the right forum

Prakash Pillai and Cynthea Zhou argue that parties should not just settle for a neutral jurisdiction
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The many faces of arbitration

As institutional arbitration takes root in India, how should companies select the best forum for resolving their disputes?
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Bypassing the courts

There is growing disquiet over the efficiency of the arbitration process
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Reflecting on a mutiny

Now minister of corporate affairs, M Veerappa Moily tells that he will be a ‘mother to the corporate world’
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Who’s who?

Is it desirable for legal advisers to draft laws on which they will advise?
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The long wait for reform

Is greater foreign investment in India’s insurance sector still a pipe dream?
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Taking a gamble on gaming

With two new casinos set to open in India this year, what was once a no-go area for investors is attracting considerable interest
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To notify or not to notify?

Delano Furtado of Trilegal explains how ambiguities in the regulations have created uncertainties about exemptions
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Mixed signals

The introduction of India’s competition law has been marred by contradictions
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Brand awareness
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Brand awareness

Gerhard Bauer discusses the opportunity for India’s brands to go global
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Vigilance: the best defence

Pravin and Dhruv Anand of Anand and Anand offer practical tips for protecting and enforcing trademarks in India
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Time-honoured traditions under threat

Anushri Gupta of Remfry & Sagar explains why existing laws are inadequate to protect India’s traditional knowledge
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Standing up for your rights

Amritesh Mishra of Lall Lahiri & Salhotra offers advice on the enforcement options available to the victims of IP abuse
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Missing in action

A loss of data by India’s Trade Marks Registry is indicative of wider problems that plague domestic and international IP owners
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Mutiny in the boardroom

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Learning new rules

As Akil Hirani of Majmudar & Co explains, private equity investors are bracing for regulatory changes
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Yashojit Mitra Archana Khosla Economic Laws Practice
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Choosing the right sectors

Infrastructure, pharmaceuticals and education present attractive opportunities for private equity investment
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Funds in flux

Regulatory obstacles and systemic turbulence disrupt the dealflow, yet India retains its allure to private equity investors
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Root and branch reform

India has upped the pressure on foreign banks to put down roots in the country by converting their branches into subsidiaries
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Waiting for a nod

As it awaits government approval, the Cairn-Vedanta deal hangs perilously in the balance
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Battling the bribes
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Battling the bribes

IBLJ talks to Nick Panes and John Bray about managing compliance with Indian and international anti-corruption legislation
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Sachin-Kerur-Pinsent-Masons
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A sporting challenge

By Sachin Kerur, Pinsent Masons
Major sports event are a boon for infrastructure and also present unique difficulties
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Bumps in the road
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Bumps in the road

Regulatory roadblocks and fears of government interference threaten India’s resurgent infrastructure sector
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