India: Contracts and Commercial Law

In April 2020, amid the economic disruption caused by the COVID-19 pandemic, the Indian government introduced Press Note 3 (“PN3”) through the Department for Promotion of Industry and Internal Trade (“DPIIT”). The policy was a considered response to a specific and legitimate concern: that investors from land-border countries, China in particular, might exploit the economic distress of the pandemic to acquire stakes in Indian companies at depressed valuations. India was not alone in this assessment. Australia, France, Canada introduced comparable investment screening measures around the same time.

In The High Court of Delhi M/s JSW Ispat Steel Limited (Now known As JSW Steel Limited) [Appellant] Vs. M/s Gas Authority of India Limited [Respondents

The National Company Law Tribunal, Kochi Bench, recently addressed a critical question regarding the rights of dissenting financial creditors in post-approval execution proceedings under the Insolvency and Bankruptcy Code, 2016.

Starting a business as a sole proprietor in India requires navigating various regulatory obligations and obtaining specific licenses based on your business type, location, and scale. While the structure itself is simple, understanding which registrations are mandatory—from GST and shop establishment licenses to sector-specific approvals—is crucial for legal operations and avoiding penalties.

Environmental, Social, and Governance ("ESG") is a set of factors that measures the environmental and social impact of an organization. It covers a variety of methods and measurements which assess an organization...

A Change-in-Law clause is not a guarantee of compensation but is an evidentiary structure that fails the moment a company prioritizes financial certainty over contractual discipline.

The resolution of financially distressed companies under the Insolvency and Bankruptcy Code, 2016 ("IBC") has consistently raised complex questions concerning the interplay...

For many entrepreneurs, the choice between a registered and unregistered partnership is treated as a procedural matter. In reality, the issue of registered vs unregistered partnership firm in India has serious legal...

The law of guarantee, as codified under Chapter VIII of the Indian Contract Act, 1872, has long grappled with the tension between the legitimate recovery interests of creditors...