Article
The proxy adviser regime in India: ingraining principles of natural justice in corporate governance
A 'proxy adviser' is any person who provides advice, through any means, to institutional investors or shareholders of a company, in relation to the exercise of their rights in the company, including recommendations on public offerings or voting recommendations on agenda items. Since the implementation of the Companies Act 2013 (the 'Act') and enhanced corporate governance standards under Securities and Exchange Board of India (SEBI)(Listing Obligations and Disclosure Requirements) Regulations 2015, the role of proxy advisers has become more prominent.
Virtual arbitrations and the new normal
Alternate dispute resolution systems such as arbitration, stand on a different footing than litigation in the judicial system. Procedural flexibility and party autonomy, being the key factors as to why parties opt for arbitration, in fact aid the arbitration process to better adapt to the “new normal” in this pandemic. The widespread use of information technology presents a real advantage over traditional litigation.
Interim measures and enforcement of foreign arbitral award between two Indian parties
On 3 November 2020 a single-judge bench of the High Court of Gujarat determined the scope and applicability of Sections 9 and 47 of the Arbitration and Conciliation Act 1996 in GE Power Conversion India Private Limited v PASL Wind Solutions Private Limited (R/PETN under Arbitration Act 131/2019 with R/PETN under Arbitration Act 134/2019).
Why arbitration may not be the best way to resolve operational issues in JVs
It is not uncommon for joint venture partners to face impasses on operational matters during the lifecycle of a JV. These differences could be wide ranging, from day-to-day business issues to high-level strategic decisions such as capital expenditure, business expansion, entering into a new line of business, raising of funds, changing the business plan and sale or disposal of business or assets
The Medical Devices Rules - An Analysis
The healthcare industry in India has seen an impressive growth trajectory in the past few years and the Indian medical devices market has been the sunrise segment in the healthcare space. The medical devices market is currently valued at around USD 10 billion and has been growing at a compounded annual growth rate of 15%. As per market estimates, the industry is expected to reach close to USD 25 billion by 2025.