Category: Uncategorized
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Call for Submissions: The Indian Journal of International Economic Law
The Indian Journal of International Economic Law is now accepting submissions for its upcoming issues – Volume 8(1) and 8(2). The Indian Journal of International Economic Law (IJIEL) is a law journal published by National Law School of India University, Bangalore (NLSIU) under the patronage of the Indian government sponsored chair on WTO Law. The Journal…
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Directors Conclave on Corporate Governance – December 3, 2015
[The following announcement is posted on behalf of Vahura] Vahura is convening the Directors Conclave on Corporate Governance in partnership with the International Finance Corporation, Cyril Amarchand Mangaldas and IIAS at the ITC Grand Central, Parel, Mumbai on December 3, 2015 (Thursday). The Conclave will further the dialogue among Regulators, directors and Key Stakeholders in…
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Guest Post: The Hague Convention and the Need to Reconsider Arbitration Clauses
(The following guest post is contributed by Kartikey Mahajan, who is a dispute resolution lawyer with the Singapore office of Clifford Chance) The Convention on Choice of Court Agreements was completed on June 30, 2005 (“Hague Convention”), and came into effect on 1 October 2015. Currently, Mexico and EU have acceded to it, while United…
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Investment Funds and the Concept of “Side-Pocket”
[The following guest post is contributed by Pavit Singh Kochar, an advocate practicing in New Delhi] A popular concept abroad that is yet to be practised extensively in India is a “Side-Pocket”, which means the segregation of the portfolio or funds to separate the illiquid investments from the more liquid assets in the portfolio. This…
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Promoter Shareholdings in Indian Companies
That concentration of shareholdings in public listed companies is the norm is beyond doubt. At the same time, studies have been seeking to ascertain the level of shareholdings held by controlling shareholders (or promoters). Some such studies are set out below: (a) A study by Rajesh Chakrabarti shows average promoter shareholdings in Indian companies in…
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Changing Nature of the Corporation
The latest issue of the Economist carries two columns (here and here) that analyze the significant changes that have occurred in the nature of the modern corporation, particularly with respect to ownership. This is an addition to an earlier column in September. These columns highlight the more recent developments relating to the nature of the…
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Major Changes Proposed by the Arbitration (Amendment) Ordinance, 2015
[The following guest post is authored by Paavni Anand, a 4th Year B.A., LL.B. student at the National University of Juridical Sciences, Kolkata] President Pranab Mukherjee has promulgated the Arbitration and Conciliation Amendment Ordinance, 2015 to amend the Arbitration and Conciliation Act 1996. The Ordinance is largely aimed at encouraging the ease of doing business…
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Insurance Companies: IRDA Seeks Control in Indian Hands
[The following post is contributed by Vinod Kothari of Vinod Kothari & Co. He may be contacted at vinod@vinodkothari.com] The issue of ownership and control of insurance companies in India has been in a state of flux since early this year. While the intent of the Government was clear – to permit FDI up to…
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Exclusive and Non-Exclusive Jurisdiction
We have discussed the judgment of the Supreme Court in Swastik Gases on the construction of jurisdiction clauses. Its conclusion there is no rule of law that a clause cannot confer exclusive jurisdiction unless it uses words of exclusion (“only”, “exclusive” etc) is plainly correct. But this gives rise to a further question: how should…
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The Growth of Unsponsored American Depository Receipts of Indian Companies
[The following guest post is contributed by Dhanush. M, a 5th year student at the Jindal Global Law School] On October 10, 2008, amendments to section 12g3-2(b) of the Securities Exchange Act of 1934 became effective. The amendment allowed a foreign private issuer to have its equity securities traded in the U.S. over-the-counter market without registration under…
