Region Area

News and developments

Romina guglielmetti

The 53rd GST Council (GSTC) meeting was held in New Delhi on 22nd June 2024.

02 July 2024

Union budget 2023-2024

The Union Budget 2023-2024 comes when global uncertainties are rife. Barely had the pandemic receded, the war in Ukraine broke out in February 2022. Prices of food, fuel and fertiliser rose sharply. As inflation rates accelerated, central banks of advanced countries scrambled to respond with monetary policy tightening.

17 February 2023

M&A

Can a share purchase agreement be specifically enforced?

A Share Purchase agreement is an agreement entered into between parties for sale of shares of a company. The same contains clauses governing the purchase and sale of shares by the purchaser from the seller. The same contains several conditions precedents, i.e. pre-requisites which have to be fulfilled before the shares are transferred. Accordingly, it contains clauses which allows parties to terminate the same either at the happening of a certain event (breach of the contract by either of the two parties, non-fulfillment of a condition precedent etc.) or without any breach of the contract.

29 November 2022

Restructuring and insolvency

The hon’ble supreme court’s ruling on the preponderance of the commercial wisdom of the committee of creditors in withdrawal of insolvency proceedings.

A. Setting the context The preamble of the Insolvency and Bankruptcy Code, 2016 (the “Code”) makes the objective of the Code clear and unambiguous, by seeking to achieve reorganisation and insolvency resolution of corporate persons, partnership firms and individuals for, maximization of value of assets, promoting entrepreneurship; greater availability of credit and; balancing the interests of all the stakeholders, albeit in a time bound manner. Each provision of the Code was drafted keeping these principles in mind, and the introduction of this legislation was done with the aim of replacing the existing framework for insolvency which was visibly inadequate, ineffective and wrought with delays.

17 August 2022

ESG

Inclusivity in the realm of the corporate: an esg perspective from the lgbtqia+ lens

A. Background In making sustainable investment decisions, a rational imperative is to comprehend the integration of environmental, social, and governance (ESG) factors into investment mechanisms and decision-making. The elements of ESG, which include, inter alia, the response of corporations to factors like climate change, corporate social responsibility initiatives, employee rights (including LGBTQIA+ rights), health and safety protocols, and fostering a corporate culture for building trust and innovation, encompass a plethora of issues which, though not forming part of traditional financial analyses, still hold economic relevance. ESG, with its quantifiable metrics, is an impact driven process aiding investors in taking informed decisions, cognizant of the impact their investments have in the larger environmental and socio-cultural context.

14 July 2022

Litigation & Dispute Resolution

Enforcement of foreign arbitral awards on non-signatories in light of the gemini bay case: the counter and counterpoise

The locus No one sums it up better than Prof. William W. Park in his well-known treatise, Non-Signatories and International Contracts: An Arbitrator's Dilemma1 , “the term ‘non-signatory’ remains useful for what might be called ‘less-than-obvious’ parties to an arbitration clause: individuals and entities that never put pen to paper, but still should be part of the arbitration under the circumstances of the relevant business relationship…the expression remains potentially misleading, suggesting that a lack of signature in itself reduces the validity of an arbitration agreement. Most significantly, the fact that a ‘non-signatory’ might be bound to arbitrate does not dispense with the need for an arbitration agreement. Rather, it means only that the agreement takes its binding force through some circumstance other than the formality of signature”.

01 February 2022

Eu is deluged with statutory fines: corporates in india behold your raingears!

 Sucharita Basu, Partner, AQUILAW Ankit Chhaparia, Associate, AQUILAW   Data protection and privacy issues have a major impact on all business and industry sectors, across the globe. Privacy laws are continuously evolving, vary by jurisdiction, and are interpreted unpredictably. Even a well-meaning company can make a false step as it captures, accesses, uses, transfers, and/or discloses personal information. In a follow-up to the General Data Protection Regulation, 2018 (“GDPR”), which was made effective on 25 May 2018, the national Data Protection Authorities (“DPAs”) in the European Union, have levied significant fines inter alia on body corporates for breach of their obligations under the GDPR. Few illustrations of the fine(s) levied by the DPAs in the month of October are provided herein below:

09 November 2020