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Insights · India

India

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.

Commercial Dispute

Landmark IBC Judgments of 2025

The year 2025 has witnessed several significant judgments by the Supreme Court, NCLAT, and NCLT that have shaped the evolving jurisprudence under the Insolvency and Bankruptcy Code, 2016 (IBC). These rulings have clarified critical aspects of the Code, ranging from the scope of judicial interference under Article 226, the sanctity of statutory timelines, the rights […]

Mathew Jones varghese · 10 Sep 2025 · 9 minRead →
Commercial Dispute

Enforceability of Foreign Judgments and Arbitration Awards by the NCLT: A Comprehensive Overview

In today’s interconnected global economy, disputes involving international commercial contracts frequently lead to foreign judgments or arbitration awards. For Indian companies entangled in such disputes, understanding the enforceability of these foreign decisions under Indian law, particularly through the National Company Law Tribunal (“NCLT”), is vital. This article unpacks the legal framework, practical considerations, and recent […]

Sudha Sampath · 1 Sep 2025 · 8 minRead →
Foreign Trademarks in India

Use of Foreign Trademarks in India: Parallel Imports, Exhaustion Doctrine & Legal Risks

In today’s interconnected global economy, multinational brands sell products across multiple jurisdictions, often at varying price points. This has created opportunities for parallel imports, where genuine products are brought into India without the authorization of the foreign trademarks owner. While consumers may benefit from lower prices and increased access, parallel imports often referred to as […]

Hemakshi Prabhu · 29 Aug 2025 · 5 minRead →
Commercial Dispute

Statutory Timelines and Practical Realities under the Insolvency and Bankruptcy Code, 2016

When the Insolvency and Bankruptcy Code (IBC) came into force in 2016, it carried one clear promise: speed. The law hard-wired strict timelines. A Corporate Insolvency Resolution Process (CIRP) was to be completed in 180 days, with one extension of 90 days. In 2019, this was capped at 330 days, including time spent in court. […]

Jerome Jose · 28 Aug 2025 · 9 minRead →
Commercial Dispute

Limited Role of NCLT in Fast Track Mergers in India

Introduction  Corporate restructuring in India can be achieved through both private and statutory arrangements. Previously, under the Companies Act of 1956, all mergers and restructurings were required to undergo lengthy procedures, with mandatory intervention from the High Court. This made the process time-consuming and expensive, creating various challenges and obstacles in the M&A landscape, particularly […]

Vipul Kulshreshtha · 21 Aug 2025 · 7 minRead →
India

Sector-Specific Patent Insights in India: Pharma, Software and AI, Green Tech, and Traditional Knowledge

India’s patent ecosystem is shaped by a delicate balance: encouraging innovation while safeguarding public interest and cultural heritage. This balance plays out differently across industries, where the rules and interpretations of patentability can make or break an innovation strategy. Four sectors: pharmaceuticals, artificial intelligence and software, green technologies, and traditional knowledge illustrate how India applies […]

Hemakshi Prabhu · 20 Aug 2025 · 6 minRead →
Commercial Dispute

Proceedings Before the National Company Law Tribunal (NCLT) – A Comprehensive Guide

The National Company Law Tribunal (NCLT) serves as India’s primary quasi-judicial body for adjudicating corporate disputes under the Companies Act, 2013, and the Insolvency and Bankruptcy Code, 2016. Understanding the evidence, documentation, and procedural requirements for NCLT proceedings is crucial for legal practitioners, corporate professionals, and litigants seeking effective resolution of corporate disputes. The tribunal […]

Aeron Abraham Thomas · 20 Aug 2025 · 12 minRead →
Commercial Dispute

The Role of NCLT in Capital Reduction under the Indian Companies Act, 2013

As businesses evolve, so do their capital structures. A company may at times find itself with surplus capital, accumulated losses, or a need to reorganize its equity base. The legal mechanism available for such restructuring is capital reduction. In India, capital reduction has always been tightly regulated due to its direct impact on shareholders and […]

Jose Joseph · 20 Aug 2025 · 6 minRead →
Commercial Dispute

Oppression and Mismanagement of Minority Shareholders: Reliefs Before NCLT

The protection of minority shareholders is fundamental to corporate governance in order to ensure equitable treatment and prevent oppression by majority stakeholders. A company functions through decisions made by its members and its Board of Directors. The appointment of directors is governed by a majority vote, which allows majority shareholders to effectively control the board […]

Mathew Jones varghese · 19 Aug 2025 · 8 minRead →
Commercial Dispute

The Complete Guide to NCLT in India: Powers, Structure, and Jurisdiction

The National Company Law Tribunal (NCLT) has become one of the most significant adjudicating bodies in India for matters related to corporate laws. Established under the Companies Act, 2013, NCLT in India functions as a quasi-judicial authority with the power to adjudicate issues related to companies, including disputes among shareholders, insolvency proceedings, and matters of […]

Vipul Kulshreshtha · 19 Aug 2025 · 12 minRead →