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India Business Law Journal - November 2019

Volume 13, Issue 5

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Highlights:

In this issue

Insolvency and related considerations for directors

By Shivaji Bhattacharya and Prateek Sharma, S&R Associates

Patent processes: Who carries burden of proof?

By Swati Gupta, LexOrbis

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute
tribunals

Tribunals are here to stay, but with improvements

By Amit Kapur, J. Sagar Associates

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution

When should companies recoup pension fund losses?

Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout

fraud

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
Investment

Open for business

Foreign investment requirements relaxed in single brand retail and other areas

insolvency

Insolvency rules issued for financial services providers

By Sawant Singh and Aditya Bhargava, Phoenix Legal
company

Perils of company buyback in venture capital financing

By Siddharth Seshan and Tushar Gogoi, Samvad Partners
HIRA

Examining validity of West Bengal’s HIRA Act

By Vikram Wadehra and Nupur Rathi, Vidhii Partners
trademark

Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis
rising star

Rising Stars 2019

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

privacy

Privacy law and its commercial implications

By Manoj Kumar, Hammurabi & Solomon
encumbrance

FAQs for encumbrance definition raise concerns

By Yogesh Chande and Preeti Kapany, Shardul Amarchand Mangaldas & Co
Essar

Something for everyone in the Essar judgment

By Aniket Sawant and Arvind Nagaraj, SNG & Partners
harassment

Progress against harassment

How courts are dealing with prosecutions of sexual harassment in the workplace

creditors

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
claims

Resolution of disputed claims in insolvency process

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan

In the hot seat

Baker McKenzie’s first Asian global chair discusses India, trade war and the firm’s future

editor

An invisible crisis

Societies and economies are being crippled by a lack of trust