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Insights · Corporate and Commercial

Corporate and Commercial

Legal analysis and practical guidance on cross-border business, disputes, corporate, employment and IP matters across India and the UAE — including the Legal Help Desk, our Q&A column on the problems clients actually meet.

India

Automatic Route vs Government Route in India FDI: A Legal Explanation

Foreign Direct Investment (FDI) plays a crucial role in India’s economic growth by bringing foreign capital, technology, management expertise, and employment opportunities into the country. Over the years, India has progressively liberalized its foreign investment regime to attract global investors while maintaining safeguards in sectors that may have strategic, security, or public interest implications. To […]

Vipul Kulshreshtha · 12 Jun 2026 · 8 minRead →
Corporate and Commercial

State-Wise Implementation of RERA and Its Impact on Real Estate Investment Strategy in India

RERA has transformed India’s real estate sector by enforcing transparency and accountability, but its state-wise implementation varies significantly, shaping investment strategies differently across regions. Maharashtra and Karnataka lead with stringent compliance, while states like Uttar Pradesh and Haryana show more flexibility, influencing investor confidence and risk management. Understanding these State-wise differences helps in making informed property […]

Swathi N · 4 May 2026 · 5 minRead →
Company Formation

Doing business in India: a legal guide for foreign companies (2026)

Background  Doing business in India as a foreign company means working through four sets of rules at once: the Companies Act 2013 for the entity you set up, the foreign-exchange (FEMA) and FDI rules for the money you put in and take out, the Income-tax Act 2025 and GST for tax, and the four Labour […]

Vipul Kulshreshtha · 30 Apr 2026 · 18 minRead →
Corporate and Commercial

Penalties, Enforcement Powers, and Promoter Liability Under the RERA Statutory Framework

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to bring transparency, accountability, and fairness to India’s real estate sector. One of its most significant contributions is the establishment of a robust enforcement mechanism that holds promoters, agents, and other stakeholders accountable. Chapter VIII of the Act, which deals with Offences, Penalties and Adjudication, […]

Swathi N · 30 Apr 2026 · 8 minRead →
Corporate and Commercial

Commercial Real Estate, Corporate Leasing, and Co-Working Operations within the RERA Regime 

Most people associate RERA with residential projects, but many are still unsure about its application to commercial projects. Does RERA really cover commercial spaces such as shops, offices, and malls? The answer is yes, but with specific conditions.  Commercial real estate in India has transformed with the rise of corporate leasing and co-working models, while traditionally, it was governed by contract […]

Swathi N · 16 Apr 2026 · 3 minRead →
Contracts

Force Majeure in an Age of Conflict: What UAE Contracts Actually Say vs. What Parties Expect

The world has changed dramatically since 2020. First the COVID-19 pandemic, then the Russia-Ukraine war, and now the cascading effects of conflicts across the Middle East — including Red Sea shipping disruptions triggered by Houthi attacks — have pushed force majeure clauses from boilerplate obscurity to the centre of commercial disputes. Parties across the UAE and the broader region are […]

Milen Zachariah John & George Mathew · 14 Apr 2026 · 14 minRead →
Real Estate

Abu Dhabi Tightens Governance for Jointly Owned Property

Abu Dhabi’s real estate sector has taken a significant step toward greater maturity with the issuance of Administrative Decision No. 25/2025 on 28 February 2026. Titled “Regulation of Ownership and Controls of Use and Management of Real Estate, Parts and Common Facilities in the Emirate of Abu Dhabi,” this landmark measure provides much-needed operational detail to the existing […]

Milen Zachariah John · 8 Apr 2026 · 4 minRead →
Corporate and Commercial

Renegotiating a Contract Under Pressure: A Practical Framework for UAE Businesses

Most contracts that run into difficulty do not end in court. They end in a renegotiation — or they should. The businesses that preserve value in a downturn are not those with the strongest legal position on paper, but those that engage their counterparties early, frame the conversation well, and document the process properly. This […]

George Mathew & Vipul Kulshreshtha · 8 Apr 2026 · 9 minRead →
Corporate and Commercial

Pulling Out of a Resale Property SPA in the UAE: What Happens to Your Deposit and Your Deal

Secondary market property transactions in Dubai follow a different legal path from off-plan purchases. The MOU/Form F, the 10% deposit, the NOC, and the DLD transfer appointment each create obligations — and each can become a point of dispute if a party wants to exit. This article explains the mechanics, the consequences, and the options.  […]

Aparna T Nambissan & Aeron Abraham Thomas · 4 Apr 2026 · 19 minRead →
Corporate and Commercial

Your Company Is in Financial Difficulty — When and How to Engage Your Creditors

Businesses under financial pressure often delay creditor engagement until the position has deteriorated beyond easy resolution. Under UAE law, the timing, tone, and structure of that engagement can determine whether a company retains the ability to restructure — or loses it. This article complements our foundational article on UAE bankruptcy law and examines the legal and practical […]

Vipul Kulshreshtha · 4 Apr 2026 · 10 minRead →