Author Archives | Nishith TV

2 April 2018 at 18 : 41 PM

Dispute Resolution Hotline: Referring parties to Arbitration? Oral consent between Counsels not enough, holds Supreme Court of India

April 02, 2018 REFERRING PARTIES TO ARBITRATION? ORAL CONSENT BETWEEN COUNSELS NOT ENOUGH, HOLDS SUPREME COURT OF INDIA Jurisdictional pre-condition for reference to arbitration is that the parties should seek a reference or submission to arbitration In the absence of an arbitration agreement, a court can refer parties to arbitration only with written consent of […]

30 March 2018 at 19 : 07 PM

Dispute Resolution Hotline: English Court for the first time sets aside an investor-state arbitral award on jurisdiction

Posted by nishithadmin in Hotline 0

March 30, 2018 ENGLISH COURT FOR THE FIRST TIME SETS ASIDE AN INVESTOR-STATE ARBITRAL AWARD ON JURISDICTION English Court held that a claim for creeping expropriation is not precluded where there is a specific event in the chain of events that might ultimately be found to be a form of expropriation in itself; English Court […]

30 March 2018 at 14 : 13 PM

HR Law Hotline: Employee Severance Limit Doubled: A Gratuitous Act by the Indian Government!

Posted by nishithadmin in Hotline 0

March 30, 2018 EMPLOYEE SEVERANCE LIMIT DOUBLED: A GRATUITOUS ACT BY THE INDIAN GOVERNMENT! The Payment of Gratuity Act, 1972 provides for payment of severance in the form of gratuity upon employment termination. As a result of the amendment, the Indian government now has the flexibility to determine the maximum gratuity payable to employees, thereby […]

30 March 2018 at 11 : 23 AM

Corporate Social Responsibility & Social Business Models in India

Posted by nishithadmin in Publications 0

A Legal & Tax Perspective This paper presents an insight into legal, regulatory and tax issues concerning non-profit entities in India. The paper also captures corporate social responsibility (CSR) as envisaged under the new Companies Act, 2013. Hope you have a good read. Feel free to contact us at ndaconnect@nishithdesai.com. View in Browser

29 March 2018 at 14 : 48 PM

Dispute Resolution Hotline: A director’s liability in cases of fraud

Posted by nishithadmin in Hotline 0

March 29, 2018 A DIRECTOR’S LIABILITY IN CASES OF FRAUD This article was originally published in the 29th March 2018 edition of Given that investor directors are usually non-executive in nature, they should normally not be liable for actions which are largely promoter-driven In the past few weeks, the Central Bureau of Investigation (CBI) has registered […]

28 March 2018 at 19 : 49 PM