Limitation Period For Enforcement Of Foreign Award

About 5 months ago, when a two judges’ bench of Hon’ble Supreme Court of India (“SC”) decided the issue regarding the limitation period for execution of a foreign decree, the most debated question was as to whether the said law would apply equally qua the limitation period for enforcement of a foreign award. The apex […]

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Cross Border Merger

The Indian companies law currently allows Indian companies to merge with foreign companies and vica- versa (Cross Border Mergers/Merger). Further, on March 20th, 2018, the government notified the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 (Merger Regulation) which attempt to provide clarity regarding Cross Border Mergers from a foreign exchange law perspective. In this background […]

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Announcing the Launch of Middle East Briefing – the latest title from Asia Briefing publications

Sept 2, 2022 – Asia Briefing™ today launched Middle East Briefing™, the latest title in its line of regional news publications. Middle East Briefing will provide regional intelligence and vital business news updates for investors about doing business in the Middle East region and rest of Asia, where interregional trade is set to well exceed USD $1 […]

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Enforcement of Foreign Award-Affirmation by Court is NOT a condition precedent

The Hon’ble Supreme Court in a recent judgment titled Escorts Limited Vs. Universal Tractor Holding LLC upheld the decision of a Single Judge of the Delhi High Court that the principle of ‘double exequatur’ (meaning double recognition) has no application in view of the change in the Arbitration & Conciliation Act, 1996, which did away […]

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Oscar Conde Medina Meets Fellow IR Members Whilst Travelling

Oscar Conde Medina from Legem Attorneys had a lovely evening with Andrea Russo, and their wives, over dinner. It was pleasant evening spent together talking about work ,business ,travel and enjoying good food . Oscar also got to meet LEIALTA at their offices Spain, and they got to share their professional experiences and look for […]

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Arbitration Law In India For Foreign Seated Arbitrations

LAW ON INTERIM RELIEF PRE-BALCO AND POST-BALCO It was in Bhatia International Vs. Bulk Trading S.A.[1] judgment that the Indian Supreme Court laid down the principle that courts in India would have a right to provide interim relief in foreign seated arbitrations also unless otherwise agreed in writing by the parties. Therefore, earlier the Indian […]

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Foreign direct investment in limited liability partnership

Limited Liability Partnership (“LLP”) is a hybrid entity with advantage of a company and operational flexibility of a partnership. The concept was introduced by the Ministry of Corporate Affairs through Limited Liability Partnership Act, 2008 on 9th January, 2009 Setting up of LLP in India has various advantages. Some of the significant advantages are as […]

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Time to Check Your Beneficiary Designations

For 2022, the federal estate tax exemption is $12.06 million (effectively $24.12 million for a married couple). With such a generous exemption, you might assume that you don’t need to worry about the federal estate tax if you die. Plus, after taking a beating in the stock market this year, the assets in your estate may […]

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Indemnity Provisions: Shift Liability from One Party to Another

Companies seeking to avoid liability from other parties can include broad indemnity provisions in their contracts in hopes of shifting financial responsibility for injuries to another party. An indemnity agreement is common in construction projects and other transactions. It is a provision that legally indemnifies (protects) one party against certain future losses or claims from another party. A typical […]

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 401(k) Loans: Yay or Nay?

In today’s tough economy, you may find yourself struggling to cover your day-to-day expenses. But rising interest rates are making traditional loans more expensive. In such an environment, you might consider borrowing funds from your 401(k) retirement account, if your plan permits it. But you’ll need to weigh the pros and cons before taking the plunge. […]

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Interim Relief For Foreign Seated Arbitration In India

The recent amendments (Amendment Act 2015) brought to the Arbitration and Conciliation Act 1996 (1996 Act) have brought about significant changes to the arbitration law in India with an objective to achieve speedy, efficient and effective dispute redressal mechanism, ultimately achieving the purpose for which the Act was enacted in the first place. One of […]

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When Companies Share Intellectual Property for Mutual Benefit

The phrase “two heads are better than one” can apply to corporations and their intellectual property. When two or more companies agree to share their intellectual property for mutual benefit, the payback can be considerable. Not only can collaboration result in additional revenue, it can also create more intellectual property that can further benefit all parties […]

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