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Legal Insights and Strategic Analysis

byKrishnava DuttConsults online and across India; Offices in Mumbai, Delhi, Bengaluru & KolkataStarts from1,50,000 Per Effective HearingView full gallery

We dissect the latest regulatory shifts and court rulings, moving past abstract theory to offer practical intelligence for your business.

In our podcast, Argus Talks, I host discussions on pivotal legal developments. Here, we decode the Gayatri Balasamy verdict, a Supreme Court judgment that significantly shifted the landscape for Indian arbitration by granting courts limited power to modify arbitral awards under Section 34 of the Arbitration and Conciliation Act.

At the International Bar Association's conference on M&A in India, I shared my insights on the National Company Law Tribunal (NCLT) becoming a new battleground for M&A disputes. The discussion focused on strategic risk mitigation in stressed asset transactions, a core area of my practice.

Assessing and claiming damages in construction contracts requires a nuanced understanding of engineering principles and legal thresholds. In this podcast, I discuss the complexities of proving claims for loss of profit, loss of opportunity, and overheads in high-value construction disputes.

The Telecommunications Act 2023 replaces a colonial-era legal framework. In this episode of Argus Talks, I discuss the new act's shift from a licensing to an authorization regime and the statutory framework for spectrum allocation, breaking down what it means for the telecom industry.

The Digital Personal Data Protection Act 2023 introduces a new enforcement mechanism through the Data Protection Board of India. I explore the board's powers, the inquiry process, and the significant penalties for non-compliance, offering clarity on what businesses need to prepare for.

At the SIAC Annual India Conference, my partner Soorjya Ganguli discusses the evolving mindset of litigants regarding the enforcement of arbitral awards. He explains how post-2015 amendments and a stricter cost regime have made parties more strategic and cost-conscious before initiating arbitration.

I shared my perspective with Mint on how global trade uncertainties are reshaping employment contracts. I highlighted the trend of companies opting for fixed-term contracts to manage cost exposure and maintain flexibility in reassessing headcount.

Following a Supreme Court ruling on service bonds in public sector banks, my partner Arka Majumdar provided his analysis to Mint. He clarified the legal distinction between an unenforceable penalty and enforceable liquidated damages, which represent a pre-estimate of damages.

My partner Armaan Patkar authored an explainer for the Financial Express on the settlement between the National Stock Exchange (NSE) and SEBI. The article details the allegations and the terms of the settlement, which cleared the path for NSE's IPO.

My partner Udit Mendiratta discusses the practical implications of seeking early dismissal in arbitration proceedings. He emphasizes the need for counsel to consider the international enforceability of an award before filing for a summary judgment to avoid future challenges.

About Thought Leadership: Legal Insights & Analysis

Beyond the courtroom, we focus on decoding complex legal developments into actionable intelligence for your board. Whether we are analysing the implications of the Gayatri Balasamy verdict on arbitration strategy or unpacking the nuances of the Digital Personal Data Protection Act, our approach remains consistent: we move past theory to look at the practical, make-or-break business risks that affect your bottom line.

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