Corporate Law

The United Nations Commission on International Trade Law - Model Law on International Commercial Arbitration, 1985 (“Model Law”) was drafted for the individual States to adopt “in their statutory arbitration laws either in its entirety, or a substantial part of its provisions, or at least its general shape and philosophy, so as to bring about a certain amount of uniformity amongst national laws…”....

Partnerships in India are governed by the Indian Partnership Act, 1932 ("Act"). The Act defines partnership as 'The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all'. The Act while laying down the provisions with respect to rights and duties of the partners also details the consequences of retirement of a partner and dissolution of a partnership firm....

On October 02, 2006, the Government of India brought into effect, the Micro, Small and Medium Enterprises Development Act, 2006 (“Act”) for facilitating the promotion, development and enhancing the competitiveness of micro small and medium enterprises. Through Section 7 of the Act, the criteria of micro, small and medium enterprises was defined....

In India, foreign investments through equity instruments (other than share warrants) are regulated in accordance with the terms of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”). A recent amendment to the NDI Rules has clarified that any acquisition of shares by foreign investors pursuant to renunciation of rights by a resident will be subject to the pricing guidelines under the Foreign Exchange Management Act, 1999 (“FEMA”)....

In its guidelines issued on May 18, 2020, the Ministry of Health and Family Welfare ("MoHFW") has outlined preventive and response measures to be observed in workplace settings to contain the spread of COVID – 19 ("Guidelines"). ...

As a general rule, it is frowned upon to bring disrepute to a person. That general principle is integral enough for the law to be concerned with it. The Indian Penal Code (“Code“) defines defamation as “making or publishing an imputation concerning any person, intending to harm, or knowing or having reason that such imputation will harm, the reputation of such person....

Aimed at boosting the economy amidst the ongoing Covid – 19 pandemic, several States in India have recently come out with ordinance and notifications containing exemptions from compliance with certain labour laws. Such suspension has been sought to give more flexibility to businesses and employers in order to help curb the effects of the Covid – 19 mandated lockdown....

The Payment of Gratuity Act, 1972 ("Act") as a labour welfare legislation was enacted to provide a monetary benefit to an employee after retirement. It lays down the rules and regulations for applicability, calculation and payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. ...

Section 17 of the Arbitration and Conciliation Act, 1996 (“Act”) has been recognized as an important provision for the smooth and efficient working of the arbitral process as it ensures that the Parties seek interim measures from the arbitral tribunal itself rather than approach the Courts . The 2015 amendment to the Act (2015 Amendment”) has been a necessary and significant amendment. ...