ArchiveApril 2015

Application of Part I on Arbitration Agreements preceding BALCO

[The following guest post is contributed by Gunjan Chhabra, who is a practicing advocate in various courts of Delhi and is currently working with Rajani, Singhania & Partners. She can be reached at [email protected]] The judgment of the Supreme Court in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc[1] (BALCO) made it abundantly clear that Part I of the Arbitration...

GIFT City: A New Chapter in the Indian Financial Sector: Part 2

[The following guest post is contributed by Surbhi Jaiswal of Vinod Kothari & Co. The author can be contacted at [email protected] This is a continuation from the first part, which is available here] Slew of Regulations 1. Foreign Exchange Management (International Financial Service Centre ) Regulations, 2015 To operationalize the IFSC, a notification under the Foreign Exchange...

GIFT City: A New Chapter in the Indian Financial Sector: Part 1

[The following guest post is contributed by Surbhi Jaiswal of Vinod Kothari & Co. The author can be contacted at [email protected]] The International Financial Service Centre (IFSC) is a hub of financial services within a country, which has laws and regulations that are different from the rest of the country. Usually these centres have low tax rates and flexible regulations for...

Delivering Private Sector Efficiency within Public Law Principles

[The following guest post is contributed by Santanu Sabhapandit, who works as a legal consultant. He can be reached at: [email protected] This is an abridged version of author’s article “Application of Public Law Principles to Entities Implementing PPPs in India: The Current ‘State’ of Affairs” published in Public Procurement Law Review (Sweet and Maxwell). The article can be...

Public Sector Undertakings and Corporate Governance

The NSE Centre for Excellence in Corporate Governance (CECG) has issued its most recent quarterly briefing titled “Corporate Governance in State-Owned Enterprises”. The executive summary is as follows: – State-Owned Enterprises (SOEs) constitute an integral part of India’s economy, and their performance has generally been encouraging; – They are subject to stringent governance norms:...

Analysing the KBR Case through Indian Corporate Law

[The following guest post is contributed by Suprotik Das, a 3rd year law student at the Jindal Global Law School, Sonepat, Haryana. This is a follow-up to a previous post “Whistleblowing and Confidentiality Agreements”.] KBR, a US company, required employees and former employees to sign confidentiality agreements when they were being interviewed for internal compliance issues with...

Capital Raising Prospects for Startups: India and US Compared

[The following guest post is contributed by Surya Kumar Gheda, a final year law student. The author can be contacted at [email protected]] Last week, two capital market regulators, the Securities Exchange Commission (SEC) in the United States (US) and the Securities Exchange Board of India (SEBI), have announced frameworks to enable startups to obtain easy access to capital through the...

Whistleblowing and Confidentiality Agreements

Earlier this week, the US Securities and Exchange Commission (SEC) issued a settlement order in a case involving a company that required its employees to sign a confidentiality agreement when they were interviewed in internal investigations for allegations of potential violations of federal securities laws. The SEC decried the use of such confidentiality agreements as militating against laws that...

The Efficacy of a Listing Platform for Start-Ups

Last week, SEBI issued a discussion paper on “Alternate Capital Raising Platform and Review of Other Regulatory Requirements”, which is aimed at providing start-up companies the facility of listing their securities on a trading platform without going through the extensive onerous and listing requirements that might be applicable in the normal course. This is explicit recognition of the need to...

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