Compendium of Research Papers: Clickable Catalogue of Publications
Compendium of Research Papers: Clickable Catalogue of Publications
Compendium of Research Papers: Clickable Catalogue of Publications
Research
Compendium of
Research Papers
Clickable catalogue of
publications
November 2021
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
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Nishith Desai
nishith@nishithdesai.com
Contents
1. THE GLOBAL DRONE REVOLUTION: AERIAL TRANSPORT,
AGRITECH, COMMERCE & ALLIED OPPORTUNITIES 01
6. EDTECH : FROM IT TO AI 06
27. PRIVACY AND DATA: INDIA’S TURN TO BAT ON THE WORLD STAGE 27
Research
The Future of
Mobility
Automation, Aerial Transport
& Convergence
September 2021
Research
September 2021
Ninth Annual
Global Report
National regulatory trends in human resources law
Prepared by
The International Bar Association Global Employment Institute
5
6
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
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
Alipak Banerjee
10 Leader, Nishith Desai Associates
alipak.banerjee@nishithdesai.com*
*
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.
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
Killer
Acquisitions
in Indian Pharma
Emerging Trends
January 2021
11
Research
Opportunities
in GIFT City
Setting up Funds in India’s New
Offshore Financial Centre
December 2020
14
Prevention of Sexual
Harassment at the
Workplace (POSH)
Legal & HR Considerations
15
December 2020
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
Competition Law
in India
December 2020
16
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
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
Telemedicine
in India
The Future of Medical Practice?
October 2020
19
Research
5G Technology
in India
Strategic, Legal and Regulatory
Considerations
October 2020
20
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.
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
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.
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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
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
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
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
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.
ment contained herein without seeking professional advice. The authors and the firm expressly
and of consequences of anything done, or omitted to be done by any such person in reliance upon the
Contact
For any help or assistance please email us on ndaconnect@nishithdesai.com
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
research@nishithdesai.com
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