Compendium of Research Papers: Clickable Catalogue of Publications

MUMBAI S I L I CO N VA L L E Y BANGALORE SINGAPORE M U M B A I B KC NEW DELHI MUNICH N E W YO R K
Research
Compendium of
Research Papers
Clickable catalogue of
publications
November 2021
© Nishith Desai Associates 2021

www.nishithdesai.com
Welcome to the world of research at Nishith Desai Associates.
As a research-based law firm, we have often found that our approach allows us to discover newer ways
thinking, uncover sharper insights across various industries and find solutions to complex problems.
All this has resulted in delivering great outcomes for our clients.
We are pleased to bring you a compendium of our research papers. Just click on the QR code beside the
thumbnail of any paper, to access your copy of these papers.
We sincerely hope you enjoy reading these papers.
Stay connected....
From all of us at NDA
Nishith Desai
[email protected]
Contents
1. THE GLOBAL DRONE REVOLUTION: AERIAL TRANSPORT,
AGRITECH, COMMERCE & ALLIED OPPORTUNITIES 01
2. THE FUTURE OF MOBILITY: AUTOMATION, AERIAL

TRANSPORT & CONVERGENCE 02
3. TAX, TRADE AND INVESTMENTS: AN INDIAN POLICY PERSPECTIVE 03
4. IBA GEI: NATIONAL REGULATORY TRENDS IN HUMAN

RESOURCES LAW 04
5. PATENT LITIGATION IN INDIA: STRATEGY AND LAW 05
6. EDTECH : FROM IT TO AI 06
7. THE INDIAN PHARMACEUTICAL INDUSTRY: REGULATORY,

LEGAL AND TAX OVERVIEW 07
8. INTERNATIONAL COMMERCIAL ARBITRATION: LAW AND RECENT

DEVELOPMENTS IN INDIA 08
9. DOING BUSINESS IN INDIA: THE GUIDE FOR US BUSINESSES AND

ORGANIZATIONS ENTERING AND EXPANDING INTO INDIA 09
10. IBA TOOLKIT ON INSOLVENCY AND ARBITRATION 10
11. KILLER ACQUISITIONS IN INDIAN PHARMA: EMERGING TRENDS 11
12. PRIVILEGE AND WAIVER: ‘WITHOUT PREJUDICE’ PRIVILEGE 12
13. PRIVILEGE-AND-WAIVER: ATTORNEY – CLIENT PRIVILEGE 13
14. OPPORTUNITIES IN GIFT CITY: SETTING UP FUNDS IN INDIA’S NEW

OFFSHORE FINANCIAL CENTRE 14
15. PREVENTION OF SEXUAL HARASSMENT AT THE WORKPLACE

(POSH) : LEGAL & HR CONSIDERATIONS 15
16. COMPETITION LAW IN INDIA 16
17. MEDIATION: THE GO-TO-DISPUTE RESOLUTION MECHANISM

IN INDIA! 17
18. VODAFONE HOLDINGS B.V. VERSUS REPUBLIC OF INDIA
(INTERNATIONAL INVESTMENT TREATY ARBITRATION) : CASE
ANALYSIS & IMPLICATIONS FOR FOREIGN INVESTORS 18
19. TELEMEDICINE IN INDIA: THE FUTURE OF MEDICAL PRACTICE? 19
20. 5G TECHNOLOGY IN INDIA: STRATEGIC, LEGAL AND

REGULATORY CONSIDERATIONS 20
21. FUND FORMATION: ATTRACTING GLOBAL INVESTORS 21
22. MUTUAL TERMINATION AGREEMENT AND RELEASE

(EMPLOYMENT) Q&A: INDIA 22
23. TAX ISSUES IN M&A TRANSACTIONS 23
24. STOCK OPTIONS AND ACQUISITIONS: WHAT OPTIONS DO

EMPLOYEES HAVE? 24
25. DEAL DESTINATION: STRUCTURING BUSINESS TRANSFERS 25
26. TECHNOLOGY AND TAX SERIES: INDIA EQUALIZATION LEVY

EXPANDED – A SURPRISE MOVE! 26
27. PRIVACY AND DATA: INDIA’S TURN TO BAT ON THE WORLD STAGE 27
28. ARCELORMITTAL STEALS ESSAR FROM RUIAS! 28
29. INVESTMENT IN HEALTHCARE: LEGAL, REGULATORY AND

TAX OVERVIEW 29
30. MERGERS & ACQUISITIONS IN INDIA 30
31. INTRODUCTION TO CROSS-BORDER INSOLVENCY 31
32. CONSTRUCTION DISPUTES IN INDIA 32
33. DIGITAL HEALTH IN INDIA: LEGAL, REGULATORY AND

TAX OVERVIEW 33
34. 3D PRINTING: CTRL V + P THE FUTURE: A MULTI-INDUSTRY

STRATEGIC, LEGAL, TAX & ETHICAL ANALYSIS 34
35. DISPUTE RESOLUTION IN INDIA: AN INTRODUCTION 35
36. IMPACT OF COVID 2019 ON CONTRACTS: INDIAN LAW ESSENTIALS 36

37. AN OVERVIEW OF ANTI-CORRUPTION LAWS IN INDIA: A LEGAL,
REGULATORY, TAX & STRATEGIC PERSPECTIVE 37
38. THE INDIAN MEDICAL DEVICE INDUSTRY: REGULATORY,

LEGAL & TAX OVERVIEW 38
39. THE CONTOURS OF CONDUCTING INTERNAL INVESTIGATIONS IN

INDIA 39
40. INVESTMENT IN EDUCATION 40
41. INTERNATIONAL COMMERCIAL ARBITRATION: LAW AND RECENT

DEVELOPMENTS IN INDIA 41
42. INDIAN FILM INDUSTRY: TACKLING LITIGATIONS 42
43. ENFORCEMENT OF ARBITRAL AWARDS AND DECREES IN INDIA:

DOMESTIC AND FOREIGN 43
44. ENFORCING U.S. ARBITRAL AWARDS AND JUDGMENTS IN INDIA 44
45. INTERIM RELIEFS IN ARBITRAL PROCEEDINGS: POWERPLAY

BETWEEN COURTS AND TRIBUNALS 45
46. FOUNDERS’ 101 – LIFECYCLE OF A STARTUP: FUND IDEA

TO FUNDING 46
47. IBA-GEI-NATIONAL REGULATORY TRENDS IN HUMAN

RESOURCES LAW 47
48. INDIA: TRADE UNIONS AND COLLECTIVE BARGAINING 48
49. E-MOBILITY: A SUSTAINABLE AUTOMOTIVE FUTURE

49
50. INTERNATIONAL INVESTMENT TREATY ARBITRATION AND INDIA:

WITH SPECIAL FOCUS ON INDIA MODEL BIT, 2016
50
1
MUMBAI S I L I CO N VA L L E Y B A N G A LO R E SINGAPORE M U M B A I B KC NEW DELHI MUNICH N E W YO R K
Research
The Future of
Mobility
Automation, Aerial Transport
& Convergence
September 2021
© Nishith Desai Associates 2021 www.nishithdesai.com

C E N T R E FO R TA X L AW S ,
NALSAR
Research
Tax, Trade and

Investments
An Indian Policy Perspective
September 2021

The IBA Global Employment Institute
Ninth Annual
Global Report
National regulatory trends in human resources law
Prepared by
The International Bar Association Global Employment Institute
5
6
Research
The Indian
Pharmaceutical
Industry
Regulatory, Legal and Tax
Overview
April 2021

Research
International
Commercial
Arbitration
Law and Recent Developments
in India
April 2021

Research
Doing Business
in India
The Guide for US Businesses
and Organizations entering and
expanding into India
February 2021

January 2021
IBA TOOLKIT ON INSOLVENCY AND ARBITRATION

QUESTIONNAIRE
NATIONAL REPORT OF INDIA
Alipak Banerjee
10 Leader, Nishith Desai Associates
[email protected]*
*
I would like to thank Mr. Arjun Gupta, my colleague in the International Dispute Resolution practice, at
Nishith Desai Associates for helping me with the responses. For the avoidance of doubt, this report is not
intended to provide legal advice applicable to specific fact situations.
Research
Killer
Acquisitions
in Indian Pharma
Emerging Trends
January 2021
11

12
13
Research
Opportunities
in GIFT City
Setting up Funds in India’s New
Offshore Financial Centre
December 2020
14

Re s ea rch
Prevention of Sexual
Harassment at the
Workplace (POSH)
Legal & HR Considerations
15
December 2020
Research
Competition Law
in India
December 2020
16

17
Re s ea rch
Vodafone Holdings
B.V. versus
Republic of India
(International Investment
Treaty Arbitration)
Case Analysis & Implications for Foreign
Investors
18 (With a helpful recap of the Indian investment
arbitration landscape in 2019 and 2018)
October 2020
Research
Telemedicine
in India
The Future of Medical Practice?
October 2020
19

Research
5G Technology
in India
Strategic, Legal and Regulatory
Considerations
October 2020
20

21
COUNTRY Q&A
Mutual termination agreement and release (employment)

Q&A: India
by Sayantani Saha and Preetha Soman, Nishith Desai Associates
Status: Law stated as at 30-Sep-2020 | Jurisdiction: India
This document is published by Practical Law and can be found at: uk.practicallaw.tr.com/w-007-4181
Request a free trial and demonstration at: uk.practicallaw.tr.com/about/freetrial
India specific information concerning the key legal and commercial issues to be considered when
drafting mutual termination agreements for use internationally.
This Q&A provides country-specific commentary on Practice note, Mutual termination
agreements (employment): International, and forms part of Cross-border employment.
See also Standard document, Mutual termination agreement (employment): International, with
country specific drafting notes.
Form of settlement separation documents, as a deterrent, such a provision

is not in fact be enforceable.
1. In your jurisdiction, how can parties
record a mutual termination agreement Statutory obligations
between them?
3. Are there any legal requirements for
In India, mutual termination is achieved by executing a employment termination agreements in
mutual separation agreement between the parties. your jurisdiction?
2. What is the name used for the type of No, there are no specific legal requirements for
agreement that records the termination employment termination agreements in India.
of employment where a current or former In India, the most common form of employment
employee agrees to waive or settle a claim separation is either:
(or more usually, all possible claims) against
• An employee resignation (at the behest of the
the employer in return for a payment? employee).
The agreement that records a mutual termination • Termination of employment (at the behest of the
of employment and a waiver and release of claims employer).
(in consideration of receipt of an ex gratia payment) While there is legislation governing termination
is known as a mutual separation agreement. of employment, it does not cover the scenario of
For former employees, a waiver and release of claims mutual separations very clearly. Mutual termination
letter is typically used instead of a mutual separation of employment is typically achieved in India through
agreement. This letter may also serve as a reminder mutual separation agreements executed between the
of the ex-employee’s post-termination obligations employer and employee, and such agreements remain
towards the company (for example, non-disclosure of largely untested in Indian courts.
confidential information, among other things). (It should
be noted that is unlikely that an employee whose
Scope of settlement
22
contract is being terminated against their will, will

agree to sign a waiver and release letter.)
4. Are there any restrictions on the type
However, it should be noted that a waiver of one’s of disputes which can be settled by
statutory rights (that is, the right to sue or right to parties in an agreement on termination
enforce one’s statutory claims) through a contract or
of employment?
otherwise is void in India. Therefore, while it is common
to include a waiver of statutory claims clauses in the
Reproduced from Practical Law, with the permission of the publishers. For further information visit uk.practicallaw.thomsonreuters.com
or call +44 20 7542 6664. Copyright ©Thomson Reuters 2020. All Rights Reserved.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
The IBA Global Employment Institute
Eighth Annual
Global Report
National regulatory trends in human resources law
47
Prepared by
The International Bar Association Global Employment Institute
48
49
50
About NDA
We are an India Centric Global law firm (www.nishithdesai.com) with four offices in India and the
only law firm with license to practice Indian law from our Munich, Singapore, Palo Alto and New York
offices. We are a firm of specialists and the go-to firm for companies that want to conduct business
in India, navigate its complex business regulations and grow. Over 70% of our clients are foreign
multinationals and over 84.5% are repeat clients.
Our reputation is well regarded for handling complex high value transactions and cross border
litigation; that prestige extends to engaging and mentoring the start-up community that we
passionately support and encourage. We also enjoy global recognition for our research with an ability
to anticipate and address challenges from a strategic, legal and tax perspective in an integrated way. In
fact, the framework and standards for the Asset Management industry within India was pioneered by
us in the early 1990s, and we continue to remain respected industry experts.
We are a research based law firm and have just set up a first-of-its kind IOT-driven Blue Sky Thinking
& Research Campus named Imaginarium AliGunjan (near Mumbai, India), dedicated to exploring the
future of law & society. We are consistently ranked at the top as Asia’s most innovative law practice by
Financial Times. NDA is renowned for its advanced predictive legal practice and constantly conducts
original research into emerging areas of the law such as Blockchain, Artificial Intelligence, Designer
Babies, Flying Cars, Autonomous vehicles, IOT, AI & Robotics, Medical Devices, Genetic Engineering
amongst others and enjoy high credibility in respect of our independent research and assist number of
ministries in their policy and regulatory work.
The safety and security of our client’s information and confidentiality is of paramount importance
to us. To this end, we are hugely invested in the latest security systems and technology of military
grade. We are a socially conscious law firm and do extensive pro-bono and public policy work. We
have significant diversity with female employees in the range of about 49% and many in leadership
positions.
Asia-Pacific:
Most Innovative Law Firm, 2016
Second Most Innovative Firm, 2019
Most Innovative Indian Law Firm, 2019, 2017, 2016, 2015, 2014
Asia Pacific:
Band 1 for Employment, Lifesciences, Tax, TMT,
2021, 2020, 2019, 2018, 2017, 2016, 2015
Tier 1 for Private Equity, Project Development: Telecommunications

Networks, 2020, 2019, 2018, 2017, 2014
Deal of the Year: Private Equity, 2020
Asia-Pacific:
Tier 1 for Dispute, Tax, Investment Funds, Labour & Employment,
TMT, Corporate M&A, 2021, 2020, 2019, 2018, 2017, 2016, 2015,
2014, 2013, 2012
Asia-Pacific:
Tier 1 for Government & Regulatory, Tax, 2020, 2019, 2018.
Ranked
‘Outstanding’ for Technology, Labour & Employment, Private Equity,
Regulatory, Tax, 2021, 2020, 2019.
Global Though Leader — Vikram Shroff

Thought Leaders-India — Nishith Desai, Vaibhav Parikh, Dr. Milind
Antani Arbitration Guide, 2021 — Vyapak Desai, Sahil Kanuga
Fastest growing M&A Law Firm, 2018
Asia Mena Counsel: In-House Community Firms Survey:

Only Indian Firm for Life Science Practice Sector, 2018
Disclaimer
This report is a copy right of Nishith Desai Associates. No reader should act on the basis of any state-
ment contained herein without seeking professional advice. The authors and the firm expressly
disclaim all and any liabilitytoanypersonwhohasreadthisreport,or otherwise, in respect of anything,
and of consequences of anything done, or omitted to be done by any such person in reliance upon the
contents of this report.
Contact
For any help or assistance please email us on [email protected]
or visit us at www.nishithdesai.com
Research @ NDA
Research is the DNA of NDA. In early 1980s, our firm emerged from an extensive, and then pioneering, research
by Nishith M. Desai on the taxation of cross-border transactions. The research book written by him provided the
foundation for our international tax practice. Since then, we have relied upon research to be the cornerstone of our
practice development. Today, research is fully ingrained in the firm’s culture.
Our dedication to research has been instrumental in creating thought leadership in various areas of law and
public policy. Through research, we develop intellectual capital and leverage it actively for both our clients and
the development of our associates. We use research to discover new thinking, approaches, skills and reflections on
jurisprudence, and ultimately deliver superior value to our clients. Over time, we have embedded a culture and built
processes of learning through research that give us a robust edge in providing best quality advices and services to our
clients, to our fraternity and to the community at large.
Every member of the firm is required to participate in research activities. The seeds of research are typically sown
in hour-long continuing education sessions conducted every day as the first thing in the morning. Free interactions
in these sessions help associates identify new legal, regulatory, technological and business trends that require
intellectual investigation from the legal and tax perspectives. Then, one or few associates take up an emerging trend
or issue under the guidance of seniors and put it through our “Anticipate-Prepare-Deliver” research model.
As the first step, they would conduct a capsule research, which involves a quick analysis of readily available
secondary data. Often such basic research provides valuable insights and creates broader understanding of the issue
for the involved associates, who in turn would disseminate it to other associates through tacit and explicit knowledge
exchange processes. For us, knowledge sharing is as important an attribute as knowledge acquisition.
When the issue requires further investigation, we develop an extensive research paper. Often we collect our own
primary data when we feel the issue demands going deep to the root or when we find gaps in secondary data. In
some cases, we have even taken up multi-year research projects to investigate every aspect of the topic and build
unparallel mastery. Our TMT practice, IP practice, Pharma & Healthcare/Med-Tech and Medical Device, practice and
energy sector practice have emerged from such projects. Research in essence graduates to Knowledge, and finally to
Intellectual Property.
Over the years, we have produced some outstanding research papers, articles, webinars and talks. Almost on daily
basis, we analyze and offer our perspective on latest legal developments through our regular “Hotlines”, which
go out to our clients and fraternity. These Hotlines provide immediate awareness and quick reference, and have
been eagerly received. We also provide expanded commentary on issues through detailed articles for publication in
newspapers and periodicals for dissemination to wider audience. Our Lab Reports dissect and analyze a published,
distinctive legal transaction using multiple lenses and offer various perspectives, including some even overlooked
by the executors of the transaction. We regularly write extensive research articles and disseminate them through
our website. Our research has also contributed to public policy discourse, helped state and central governments in
drafting statutes, and provided regulators with much needed comparative research for rule making. Our discourses
on Taxation of eCommerce, Arbitration, and Direct Tax Code have been widely acknowledged. Although we invest
heavily in terms of time and expenses in our research activities, we are happy to provide unlimited access to our
research to our clients and the community for greater good.
As we continue to grow through our research-based approach, we now have established an exclusive four-acre,
state-of-the-art research center, just a 45-minute ferry ride from Mumbai but in the middle of verdant hills of
reclusive Alibaug-Raigadh district. Imaginarium AliGunjan is a platform for creative thinking; an apolitical eco-
system that connects multi-disciplinary threads of ideas, innovation and imagination. Designed to inspire ‘blue sky’
thinking, research, exploration and synthesis, reflections and communication, it aims to bring in wholeness – that
leads to answers to the biggest challenges of our time and beyond. It seeks to be a bridge that connects the futuristic
advancements of diverse disciplines. It offers a space, both virtually and literally, for integration and synthesis of
knowhow and innovation from various streams and serves as a dais to internationally renowned professionals to
share their expertise and experience with our associates and select clients.
We would love to hear your suggestions on our research reports. Please feel free to contact us at
[email protected]
© Nishith Desai Associates 2021

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Compendium of Research Papers

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© Nishith Desai Associates 2021

thumbnail of any paper, to access your copy of these papers.

We sincerely hope you enjoy reading these papers.

From all of us at NDA

2. THE FUTURE OF MOBILITY: AUTOMATION, AERIAL

3. TAX, TRADE AND INVESTMENTS: AN INDIAN POLICY PERSPECTIVE 03

4. IBA GEI: NATIONAL REGULATORY TRENDS IN HUMAN

5. PATENT LITIGATION IN INDIA: STRATEGY AND LAW 05

7. THE INDIAN PHARMACEUTICAL INDUSTRY: REGULATORY,

8. INTERNATIONAL COMMERCIAL ARBITRATION: LAW AND RECENT

9. DOING BUSINESS IN INDIA: THE GUIDE FOR US BUSINESSES AND

10. IBA TOOLKIT ON INSOLVENCY AND ARBITRATION 10

11. KILLER ACQUISITIONS IN INDIAN PHARMA: EMERGING TRENDS 11

12. PRIVILEGE AND WAIVER: ‘WITHOUT PREJUDICE’ PRIVILEGE 12

13. PRIVILEGE-AND-WAIVER: ATTORNEY – CLIENT PRIVILEGE 13

14. OPPORTUNITIES IN GIFT CITY: SETTING UP FUNDS IN INDIA’S NEW

15. PREVENTION OF SEXUAL HARASSMENT AT THE WORKPLACE

16. COMPETITION LAW IN INDIA 16

17. MEDIATION: THE GO-TO-DISPUTE RESOLUTION MECHANISM

19. TELEMEDICINE IN INDIA: THE FUTURE OF MEDICAL PRACTICE? 19

20. 5G TECHNOLOGY IN INDIA: STRATEGIC, LEGAL AND

21. FUND FORMATION: ATTRACTING GLOBAL INVESTORS 21

22. MUTUAL TERMINATION AGREEMENT AND RELEASE

23. TAX ISSUES IN M&A TRANSACTIONS 23

24. STOCK OPTIONS AND ACQUISITIONS: WHAT OPTIONS DO

25. DEAL DESTINATION: STRUCTURING BUSINESS TRANSFERS 25

26. TECHNOLOGY AND TAX SERIES: INDIA EQUALIZATION LEVY

28. ARCELORMITTAL STEALS ESSAR FROM RUIAS! 28

29. INVESTMENT IN HEALTHCARE: LEGAL, REGULATORY AND

30. MERGERS & ACQUISITIONS IN INDIA 30

31. INTRODUCTION TO CROSS-BORDER INSOLVENCY 31

32. CONSTRUCTION DISPUTES IN INDIA 32

33. DIGITAL HEALTH IN INDIA: LEGAL, REGULATORY AND

34. 3D PRINTING: CTRL V + P THE FUTURE: A MULTI-INDUSTRY

35. DISPUTE RESOLUTION IN INDIA: AN INTRODUCTION 35

36. IMPACT OF COVID 2019 ON CONTRACTS: INDIAN LAW ESSENTIALS 36

38. THE INDIAN MEDICAL DEVICE INDUSTRY: REGULATORY,

39. THE CONTOURS OF CONDUCTING INTERNAL INVESTIGATIONS IN

40. INVESTMENT IN EDUCATION 40

41. INTERNATIONAL COMMERCIAL ARBITRATION: LAW AND RECENT

42. INDIAN FILM INDUSTRY: TACKLING LITIGATIONS 42

43. ENFORCEMENT OF ARBITRAL AWARDS AND DECREES IN INDIA:

44. ENFORCING U.S. ARBITRAL AWARDS AND JUDGMENTS IN INDIA 44

45. INTERIM RELIEFS IN ARBITRAL PROCEEDINGS: POWERPLAY

46. FOUNDERS’ 101 – LIFECYCLE OF A STARTUP: FUND IDEA

47. IBA-GEI-NATIONAL REGULATORY TRENDS IN HUMAN

48. INDIA: TRADE UNIONS AND COLLECTIVE BARGAINING 48

49. E-MOBILITY: A SUSTAINABLE AUTOMOTIVE FUTURE

50. INTERNATIONAL INVESTMENT TREATY ARBITRATION AND INDIA:

© Nishith Desai Associates 2021 www.nishithdesai.com

MUMBAI S I L I CO N VA L L E Y BANGALORE SINGAPORE M U M B A I B KC NEW DELHI MUNICH N E W YO R K

Tax, Trade and

© Nishith Desai Associates 2021 www.nishithdesai.com

© Nishith Desai Associates 2021 www.nishithdesai.com

© Nishith Desai Associates 2021 www.nishithdesai.com

© Nishith Desai Associates 2021 www.nishithdesai.com

IBA TOOLKIT ON INSOLVENCY AND ARBITRATION

© Nishith Desai Associates 2021 www.nishithdesai.com