Research Paper Compendium
Research Paper Compendium
Research Paper Compendium
Research Paper
Compendium
Clickable Catalogue
of Publications
2018 – 2024 04
2018 – 2024 04
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.
Stay connected.
Nishith Desai
nishith@nishithdesai.com
Imaginarium Aligunjan
Blue Sky Thinking and Research Campus in Alibaug, Mumbai
Imaginarium AliGunjan, an NDA initiative, is dedicated to stimulating and cultivating the imagination. AliGunjan fosters
the confluence, creation and development of technological, scientific, economic, legal, tax, commercial, social, artistic,
recreational or spiritual thought. It is an apolitical platform for world leaders and global thinkers — to discuss, debate and
find solutions to the big challenges faced by the planet, in a collegial and constructive manner, putting aside narrow
self-interest. In essence, the Imaginarium will be a place to think on anything under the sun (and the moon), and therefore,
a ‘Blue Sky’!
As you might be aware, we are an India centric global law firm, and a go-to firm for companies worldwide for doing business
in India as well as for Indian firms doing business worldwide. Identifying and solving complex problems is our passion.
We are therefore deeply rooted in research, thought leadership and innovation. We have been greatly encouraged by the
recognition from Financial Times as one of the world’s and Asia’s most innovative law firm. AliGunjan is the first-of-its-kind
and an IOT driven unique state-of-the-art campus to think, ideate and change the world for better — and together.
It is a platform for all of us to do something innovative, something fresh and something exciting.
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.
Over the years, we have produced some outstanding research papers, reports and articles. Almost on a daily
basis, we analyze and offer our perspective on latest legal developments through our “Hotlines”. 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 NDA Labs dissect and analyze a published, distinctive legal trans-
action using multiple lenses and offer various perspectives, including some even overlooked by the executors
of the transaction. We regularly write extensive research papers and disseminate them through our website.
Our ThinkTank discourses on Taxation of eCommerce, Arbitration, and Direct Tax Code have been widely
acknowledged.
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 ecosystem that connects multi-disciplinary threads of ideas, innovation and imagi-
nation. Designed to inspire ‘blue sky’ thinking, research, exploration and synthesis, reflections and commu-
nication, 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 from you about any suggestions you may have on our research publications.
Please feel free to contact us at research@nishithdesai.com.
Disclaimer
This report is a copyright of Nishith Desai Associates. No reader should act on the basis of any statement
contained herein without seeking professional advice. The authors and the firm expressly disclaim all and
any liability to any person who has read this report, 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
Publications
Technology 1
Intellectual Property 50
Education 108
Technology
Technology
The Indian Defence Industry
Redefining Frontiers, December 2023
December 2023
In this paper, we examine the regulatory and legal framework governing the Indian defence
industry. Our paper navigates through statutes, regulations, and policies that establish the
operational landscape for defence-related activities in India.
Technology
The Global Drone Revolution
Aerial Transport, Investments and Make in India Opportunities, November 2023
November 2023
The drone industry in India and globally has taken off in the last couple of years. Much of the
progress is thanks to the Government of India’s support with a special focus on Make In India.
Our paper covers all these aspects and much more, including a detailed analysis of the current
regime, and a comparison with some other regimes around the world.
Technology
AI and Warfare
October 2023
October 2023
AI and Warfare
The research paper provides a comprehensive overview of the intricate relationship between
AI, warfare and International Humanitarian Law principles, emphasizing the need to balance
military necessity with humanitarian concerns and state obligation for compliance in both
peacetime and conflicts.
Technology
Cybersecurity Law and Policy
Present Scenario and the Way Forward, July 2023
July 2023
In this paper, we explore the key cyber threats faced by organisations, best practices to be adopted
by organisations, the legal landscape and policy initiatives implemented by the Indian government
to combat the growing threats of cybercrimes.
Technology
Smart Meters
Revolutionising the Power Sector, July 2023
July 2023
Smart Meters
Revolutionising the Power Sector
In this paper, we analyse the legal and regulatory landscape surrounding the implementation
of Smart Metering infrastructure in India.
Technology
Generative AI & Disruption
Emerging Legal and Ethical Challenges, May 2023
May 2023
Generative AI (GAI) continues to be the next big disruption not only for businesses but for
human creativity as well. In this paper, we have looked into some of the key use cases of GAI,
while examining these questions at length from a legal, regulatory and policy perspective.
Technology
India’s Tryst with Space Exploration
Legal and Regulatory Overview, March 2023
March 2023
In this paper, we discuss India’s tryst with developing the space exploration sector
along with considerable anticipated underlying issues including dual-use technology,
foreign direct investment, and intellectual property.
Technology
Fintech
Legal, Regulatory and Tax Considerations – Compendium, August 2022
August 2022
Fintech
Legal, Regulatory and Tax Considerations –
Compendium
This compendium contains articles that cover the recent developments in the legal, regulatory
and tax consideration of the Fintech industry in India. The broad categories in this compendium
are Digital Payments, Blockchain, Cryptocurrency, NFTs and Tax considerations.
Technology
Crypto & Blockchain
2021-22 Publications, July 2022
July 2022
This paper lays out the legal, regulatory and tax regime for the Crypto and Blockchain industry.
There is specific focus on the recent legal developments for virtual digital assets and virtual
currency.
Technology
Metaverse: A New Universe
Legal, Regulatory and Tax Issues, July 2022
July 2022
This paper analyzes the existing and potential legal and regulatory frameworks which will
need to evolve to accommodate the advancements of the Metaverse. It also introduces concepts
relating to convergence in the Metaverse and its impact on some industries.
Technology
Regulations on E-Wallets, Gift Cards and Vouchers Given a Facelift
More Liberalization Needed for Revival, January 2022
January 2022
In a significant update, the Reserve Bank of India (“RBI”) released the Reserve Bank of India Master
Directions on Prepaid Payment Instruments, 2021 (“PPI Regulations”). More commonly referred
to as ‘e-wallets’ or ‘gift cards’, PPIs are payment instruments that can be used for the purchase of
goods or services against this stored value.
This paper discusses how the PPI Regulations impact products such as e-wallets, gift cards and
vouchers, money transfer wallets, meal vouchers, metro/travel rail cards, etc.
Technology
The Future of Mobility
Automation, Aerial Transport and Convergence, February 2021
February 2021
This paper discusses the future of the mobility industry and the ways in which emerging
technologies like 5G, edge computing and block chain are likely to aid to the growth of the sector.
Discussed are the future of mobility and the extent of various legal and regulatory frameworks
which will need to evolve to accommodate these advancements.
Technology
5G Technology in India
Strategic, Legal and Regulatory Considerations, October 2020
October 2020
5G Technology in India
Strategic, Legal and Regulatory Considerations
Various important strategic, policy, regulatory, technical and behavioral considerations are
also outlined in this paper.
Technology
3D Printing: Ctrl+P the Future
A Multi-Industry Strategic, Legal, Tax & Ethical Analysis, April 2020
April 2020
The paper discusses how the regulation of 3D printing is a challenge that lawmakers, and regulators
across sectors will have to contend with. The paper also discusses how the regulation should be
comprehensive enough to apply in different instances while still having room for evolving with the
technology.
Technology
E-Mobility: A Sustainable Automotive Future
Legal and Tax Analysis, November 2019
November 2019
Our research paper analyses the challenges in the adoption of electric vehicles, from a regulatory,
commercial and socio-economic perspective. Policy reports, regulations, state initiatives as well as
comparative analyses of EV policies from leading jurisdictions have been considered in this paper.
Technology
Augmented, Virtual and Mixed Reality — A Reflective Future
Legal, Regulatory and Tax Considerations: Strategic, Legal, Tax and Ethical Issues, September 2019
September 2019
This paper discusses the unchartered legal and tax territories of augmented reality and virtual
reality technologies’. It also discusses how these technologies have merged into our daily lives.
Technology
Preparing For a Driverless Future
Re-Shaping the Transportation Landscape and Conquering the Sky:
Strategic, Legal, Tax and Ethical Issues, May 2019
May 2019
This paper analyzes the effects of the driverless future, and the economic, social, environmental
and legal ramifications arising thereof.
It also provides a detailed analysis of publicly available reports, research studies, and media articles
as well as opinions of government organizations and industry leaders related to the subject matter.
Technology
Building a Successful Blockchain Ecosystem for India
Regulatory Approaches to Crypto-Assets:
An Independent Submission to the Government of India, December 2018
December 2018
The paper discusses the various laws in India that should be actively enforced with regard
to crypto-asset business activity. It also addresses the reasons for which an outright ban
on crypto asset activity should not be considered.
Technology
The Blockchain
Industry Applications and Legal Perspectives, November 2018
November 2018
The Blockchain
Industry Applications and Legal Perspectives
The paper discusses the working of blockchain technology and the current state of the art
in industry. It provides a legal and regulatory perspective, and concludes with a list of challenges
and the way forward.
Technology
The Future is here: Artificial Intelligence and Robotics
May 2018
May 2018
The paper discusses the future of entities and individuals dependency on AI systems.
It also covers the several issues that need to be addressed in order to safeguard the development
and integration of AI systems with the industrial and social sector.
October 2023
A comprehensive examination of the complex regulatory, legal, and tax frameworks governing
these investments in India. It delves into specific areas of interest, dissecting various routes and
regimes available for investors, various exit strategies, and elements of the dispute resolution
mechanisms.
August 2023
Business Transfer
Why, How and When?
In the context of M&A transactions, how you acquire is as important as what you acquire. This paper
examines, the basic structure of a ‘business transfer’, how it differs from other modes of asset sale
and the merits and demerits over other modes of acquisition.
July 2023
In this Research Paper on M&A, we explore a detailed review of the Indian legal, tax and regulatory
considerations to be considered while undertaking any M&A including focus on competition/
antitrust law and exchange control considerations.
May 2023
M&A Lab
Adani’s Hostile Takeover of NDTV
The Adani-NDTV acquisition has changed the landscape of the entertainment and media industry.
The dramatic saga of the acquisition had everything - a mysterious lender, a loan with no interest,
a change of control, a hostile takeover, SEBI orders, an open offer below market price and a surprising
sale of shares, which resulted in the Adani Group becoming the majority shareholder of NDTV.
In this M&A Lab, we delve into each of these aspects in detail and analyse the legal, regulatory, tax,
financing and other commercial considerations of this Deal.
April 2023
If you are interested in setting up a business in India and have questions about forming a Company
or LLP, this booklet provides basic answers to common queries. It is intended to serve as a broad
guide to help you make informed decisions about starting and running your business in India.
August 2022
M&A Lab
ADANI – HOLCIM: Cementing the Future!
In this M&A Lab, we probe deeper into the multibillion-dollar deal that is bound to revamp
the Indian cement industry and stimulate unprecedented growth in the industry with the stellar
entry of Adani Group.
We will analyse the legal, regulatory, tax, financing and other commercial dimensions of this
intricate Deal.
August 2022
M&A Lab
HDFC – HDFC Bank: Merger of Giant HDFC Twins!
This mega-merger is being touted as the mother of all M&A deals owing to its colossal valuation
of approximately USD 40 Billion and created a stir not only in the banking sector, but also in other
financial services.
Given the size of the mega-merger with wide-reaching implications on the banking and housing
finance sector in India, we have made an attempt to analyze the legal, regulatory, commercial and
tax considerations of the Merger in this M&A Lab.
August 2022
M&A Lab
PVR – INOX: Biggest Blockbuster at Box Office!
The merger of PVR Limited with INOX Leisure Limited marks the latest merger in the Indian
theatrical exhibition industry. The two entities will merge to form the largest multiplex chain
in India.
In this M&A Lab, we examine this Merger from a commercial, legal, regulatory and tax perspective
and aim to answer various questions surrounding the deal, including why and how the companies
sought to merge both entities.
May 2020
This paper discusses the acquisition of Essar Steel from a legal, commercial, financing and tax
perspective.
The interpretation taken by various courts to clarify certain ambiguities under the Insolvency and
Bankruptcy Code 2016 is also discussed.
International Tax
and Fund Formation
March 2024
We explore the latest Indian legal, tax, and regulatory considerations pertinent to establishing
and structuring fund management entities within GIFT City. We commence with an overview of
GIFT City’s origins and its principal regulator, the International Financial Services Centers Authority.
Subsequently, we delve into the legal and tax frameworks governing various activities within
GIFT City, including those concerning private funds.
Our analysis extends to the legal, tax, and regulatory structures applicable to Authorized Fund
Management Entities, Registered Fund Management Entities (Non-Retail), and family offices
in GIFT City.
February 2024
Extensive research around jurisdictions and structures for setting up an India-focused fund
including structuring of AIFs to be registered with SEBI, the ever-rising importance of GIFT City,
emerging global trends in private equity, and international tax considerations.
We also focus on the documentation required to set up and govern an AIF in India, aspects of
fund governance prevalent in Indian funds, and recent regulatory environment.
May 2023
In this paper, we have analysed the legal, regulatory and tax regime governing investments
by sovereign wealth funds and pension funds in India.
May 2022
Under the Indian Income Tax Act, 1961 (“ITA”), an Indian resident is taxed on its global income
(residence-based taxation) whereas a non-resident is taxed only on the income which is derived
from a source in India (source based taxation) i.e. income which is received or deemed to be
received in India and income which accrues, arises
or is deemed to accrue or arise in India. The subsequent parts of this paper deal with the legislative
history of Indirect Transfer in India and are followed by other nuances.
May 2022
Our research paper on Tax Issues in M&A Transactions is a comprehensive summary of the various ways
(merger, demerger, slump sale, asset sale etc.) of undertaking an M&A transactions and potential tax
(direct and indirect), stamp duty implications of such transactions.
This paper also discusses frequently litigated issues in both domestic and international M&A transactions,
implications of cross border merger regulations, indirect transfer provisions, taxation of non-compete
payments and ESOPs etc.
September 2021
This paper sets out different considerations for a cohesive tax, trade and investment policy from an
Indian perspective.
It also discusses India’s international trade relationship with major economies around the world,
India’s trade plans amidst COVID-19 while considering the government’s tax policy objectives and
foreign investment goals.
June 2020
This paper discusses the several issues and open points related to the provisions of the E-com EL.
The practicable and workable situations for E-com EL are also examined.
Media &
Entertainment
September 2022
The online gaming industry in India is one of the fastest growing sunrise industries. In this paper,
we will discuss the laws applicable to gaming businesses in India, interpretation of the laws by the
Indian courts, as well as reflect on policy changes which may shape future regulation.
February 2020
This paper gives an overview of the Copyright Law in India. It discusses the best
practices and strategies to be adopted vis-a-vis litigation that may arise at each stage
of the film making process.
October 2019
This paper discusses the scope of gambling/gaming laws and the evolution of the gambling/
gaming industry in India.
Data Protection
and Privacy
June 2023
Developments in privacy and data protection are coming fast and thick, the latest being the
government’s cybersecurity directions. Sectoral regulations continue to be updated, and the draft
Data Protection Bill appears to be just beyond the horizon in India.
There are calls for both seamless cross-border data sharing as well as localization of some protected
categories of data. In our research paper, the legal, ethical and tax considerations of the latest data
privacy developments in India are discussed. We also provide an analysis of the Data Protection Bill,
2021 and comparative notes to the GDPR.
July 2022
Make It or Fake It
Tackling Online Misinformation in India
This paper lays out the existing legal and regulatory framework for tackling online misinformation
in India. It discusses the way forward and a comparative analysis with the framework in other
jurisdictions.
May 2022
Developments in privacy and data protection are coming fast and thick, the latest being the government’s
cybersecurity directions. Sectoral regulations continue to be updated, and the draft Data Protection Bill
appears to be just beyond the horizon in India.
There are calls for both seamless cross-border data sharing as well as localization of some protected
categories of data. In our research paper, the legal, ethical and tax considerations of the latest data privacy
developments in India are discussed. We also provide an analysis of the Data Protection Bill, 2021 and
comparative notes to the GDPR.
July 2020
The paper discusses the existing legal framework for data protection and the new laws that have
been proposed in India.
Tax considerations on the draft of data protection law are also discussed.
October 2019
The paper discusses online curated content platform. The paper also analysis the reasons
for which these platforms need certain regulations.
Intellectual Property
Intellectual Property
Key Issues & Considerations for IP Centric Transactions
May 2022
May 2022
Each IP based transaction has its own set of complexities and nuances. However, there are certain
concepts and issues which are common to most of IP transactions. In this such issues are discussed
in detail in the Indian context.
Intellectual Property
Patent Litigation in India
Strategy and Law, July 2021
July 2021
The paper discusses the various principles developed by courts surrounding claim construction,
establishing infringement of patents involving different types of inventions, role of scientific
experts, etc.
We also discuss how these principles are important to understand the approach of Indian courts
in patent litigations, and how essential they are for the formulation of an effective litigation strategy
to ensure timely and positive results.
International Disputes
& Investigations
April 2024
Third-Party Funding
for Dispute Resolution in India
Exploring Recent Developments and the Legal Landscape
Third-Party Funding (TPF) has been gaining traction globally for enabling access to justice for
litigants. It is now increasingly used to equip litigants to pursue claims against deep-pocketed
defendants through TPF Agreements or other similar products.
This paper analyses the legal position regarding TPF in jurisdictions like England, Singapore,
Hong Kong and India. It explores the enforceability and structure of TPF Agreements, principles
governing third-party financiers’ exposure to costs, TPF vis-à-vis the insolvency process, exchange
control law and tax law considerations, and various contemporary developments taking place
in this space.
March 2024
This paper discusses the crucial role of service of process in initiating legal proceedings, ensuring
fairness in trials by providing parties with notice of pending actions. It explores how increasing
globalization has prompted the adoption of the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents, facilitating cross-border litigations.
With around 82 states, including India, as signatories, the convention establishes a framework
for efficient document service between jurisdictions. The paper delves into the process, central
authorities’ roles, and implications for service between signatory and non-signatory states.
February 2024
The NFT market has experienced a meteoric rise and being hailed as a transformative force
in the art and tech space. However, the fall also appeared to be as hard as the rise. This downturn
triggered a surge in litigation as disputes regarding ownership, copyright, and fraud erupted.
The outcome of these legal battles will significantly impact the future of NFTs.
Regulatory clarity may likely emerge, defining the rights and responsibilities of creators, buyers,
and platforms, shaping the future direction of this innovative technology.
February 2024
The growth of international commerce has necessitated the creation of efficient methods of
resolution of disputes. In certain cases, securing an award or a final judgment from the courts
may only be a battle half won; this is especially true in the Indian context. The stage of enforcement
of an award or decree warrants a high degree of caution.
We analyse the jurisprudence and offer practical insight into enforcement of awards and decrees
in India.
June 2023
In this paper, we gauge the viability of sports arbitration in India, global sports arbitration
regime ranging from the nature of disputes adjudicated by the CAS to the jurisprudence
adopted courts globally.
January 2023
Resolving Disputes
Between Foreign Investors
& The Indian State / State Entities
With Practical Solutions for managing Disputes
and Enforcing Outcomes
India, despite the effect of the COVID-19 pandemic, remains one of the top destinations for
investments globally.
In this paper, written in partnership with SIAC and a chapter from ICSID, we discuss all that foreign
investors need to know when they anticipate a dispute with the Indian State (or State entities).
August 2022
This paper discusses the regime for international commercial arbitration in India and emerging
issues.
August 2022
This paper intends to demystify the complexities of the field of sports through a series of articles
which shall broadly cover the role of Indian courts in the selection of national teams, a comprehensive
sport law: the need of the hour, the jurisprudence around sports arbitration etc.
August 2022
This paper lays down the essentials of internal investigations undertaken in corporates including
the guidelines for conducting investigations and the obligations under law.
May 2022
This paper broadly covers damages in cases of contractual breaches in India. It gives
a brief overview of claims and grant of damages in cases of torts, indemnity contracts,
arbitral proceedings, sale of goods, consumer disputes, intellectual property rights
(copyrights, trademarks and patents) and engineering, procurement, and construction
contracts (also known as EPC contracts).
January 2021
This Research Paper discusses the questions related to the effects that insolvency proceedings
initiated in India produce on arbitration commitments (foreign as well as national/local) involving
the insolvent party.
January 2021
This paper explores the contours of the waiver of ‘without prejudice’ privilege whilst drawing
references from common law jurisdictions such as the UK and Singapore.
January 2021
The paper discusses the Indian jurisprudence in the context of legal privilege and waivers while
comparing it with UK, USA, and Singapore. This paper also reviews the distinction between express
and implied waiver of legal privilege in India.
December 2020
Mediation
The Go-To Dispute Resolution Mechanism in India!
This paper discusses Mediation in the Indian Perspective and the recent trends pertinent
to Mediation in India. It also discusses the potential future of Mediation in India.
October 2020
The paper provides a detailed analysis of the impact of the Vodafone award on foreign investors.
It provides a background to the dispute and examines the prominent issues arising out of the
Vodafone award.
April 2020
This paper attempts to provide an introduction to the Indian legal and judicial system.
It also discusses the key provisions applicable to certain cases.
April 2020
The paper discusses the remedies for breach in Construction Projects in India.
It also discusses the various dispute resolution mechanisms.
April 2020
The paper discusses the concept of cross border insolvency. It covers the insolvency law in context
of various countries including USA and Singapore. Also the future of Cross Border Insolvency in
India is discussed in this paper.
March 2020
This paper discusses the regulatory framework and law in relation to anticorruption laws and
risks associated with noncompliance, in particular reference to possibility of a change in the anti-
corruption landscape with the passing of the POCA Amendment Act.
Opportunities for companies to design preventive and compliance mechanisms are also discussed.
January 2020
This paper provides practical insight to US parties looking to enforce awards and judgments
emanating from the U.S. in India.
January 2020
This paper discusses the nature of interim reliefs which can be granted by courts and arbitral
tribunals and their respective limitations.
It also provides a comparative analysis of the interim reliefs granted by tribunals in India,
United Kingdom and Singapore.
April 2019
This paper discusses the landscape of international investment treaty law and it’s connect
with India. It addresses the challenges that for India distinct from the global landscape of BITs,
and views India through a prism of dispute resolution mechanism.
Pharmaceutical,
Lifescience & Healthcare
July 2023
In this research paper we discuss the scope regulatory life cycle of clinical trials,
modes of entry, emerging trends and challenges to clinical trials in India.
July 2023
This paper gives an overview of the law and regulations applicable to organisations
incorporating digital health in their business models.
July 2023
Telemedicine in India
The Future of Medical Practice
The research paper provides a comprehensive overview of the legal and regulatory framework
applicable to the telemedicine industry in India.
April 2023
In this paper, we have outlined the legal and regulatory landscape of India
and the India-specific considerations global medical device companies
should keep in mind.
April 2023
In this paper, we have outlined the entity structures, the tax regime, both direct and indirect,
affecting the structuring of Indian operations, the regulatory aspects and the intellectual
property issues that affect the pharmaceutical industry.
July 2022
Nanomedicine
De-Coding Nano-Regulation in India
and Considerations for the Future
This paper is a first of its kind where we have analysed numerous international legislations
governing or seeking to govern nanomedicine to understand the possible approach that may
be adopted in regulating nanomedicine in India based on their proposed use.
January 2021
The paper discusses how killer acquisitions are a topical issue in the pharmaceutical and life
sciences sector in India and provides an insight into the competition regulations surrounding killer
acquisitions in India.
May 2020
Investment in Healthcare
Legal, Regulatory and Tax Overview
This paper discusses the implications of foreign investment in hospitals and other healthcare
services especially medical device, diagnostics, and e-Health.
The paper also discusses the India’s flagship healthcare program the Prime Minister Jan Arogya
Yojana, popularly known as Ayushman Bharat and how it can aid in the growth of the healthcare
sector in India.
June 2019
The paper discusses the legal and regulatory framework applicable to germ line gene editing,
with specific emphasis on its application to produce designer babies.
It also discusses some of the pressing ethical and social issues that surface in context of producing
designer babies. The paper also provides a comparative analysis of the legal position on germ line
gene editing adopted by USA, UK, China and Japan has also been undertaken.
HR (Employment
and Labour) Laws
December 2023
2023 marks the 10th anniversary of India’s first legislation specifically addressing the issue of
workplace sexual harassment, the POSH Act. Workplace sexual harassment not only creates
an insecure and hostile working environment for women but also impedes their ability to deliver
in today’s competitive world.
The last decade has witnessed a progressive body of jurisprudence on POSH Act.
October 2023
One of the most popular employee reward and retention strategies used by global employers
for decades has been Employee Stock Option Plans (ESOPs). We discuss legal, tax and regulatory
considerations with respect to stock options and other benefits plans that are introduced in favour
of employees by the employers.
The paper also deals with legal framework governing the award of sweat equity to the employees
of an entity.
July 2023
June 2023
May 2023
In this paper we discuss the legal and practical issues that arise when
terminating the employment of individuals in India.
January 2023
This paper describes the regulations regarding deductions from pay, which deductions are
prohibited and which are required, the different methods of making deductions, the limitations
on deductions, and the tax considerations of making deductions.
August 2021
Our research paper on “Annual Global Report” which is an annual report prepared by the IBA Global
Employment Institute (GEI) highlights specific general international trends in human resources law.
This is the ninth AGR and is based on responses from lawyers in 50 countries. It covers trends in
human resources law during the calendar year 2019 and, in some cases, the beginning of 2020.
September 2020
Our research paper in the questionnaire format discusses the India-specific information concerning
the key legal and commercial issues to be considered when drafting mutual termination
agreements for use internationally.
August 2020
The paper discusses the legal framework surrounding the issuance of ESOPs in India.
It also discusses the ESOPs in share acquisitions.
December 2019
The Annual Global Report (AGR) is an annual report prepared by the IBA Global Employment
Institute (GEI) highlighting certain general international trends in human resources law.
November 2019
The paper discusses the history of trade unions in India and the potential for growth
in trade union represented workers is huge. The paper also discusses certain recent
developments and their implications.
October 2023
The paper provides a comprehensive overview of the intricate interplay between ESG principles
and human rights. Delving into the legal and regulatory landscape, the paper analyses the challenges
of enforcing human rights in the global supply chains.
September 2023
Make in India
Progressing Towards an Interdependent,
yet ‘Self-reliant Nation’
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We discuss the impact of the Make In India initiative on the manufacturing sector, policy reforms
and complementary schemes adopted to support the implementation of the initiative, development
of linked eco-systems, mechanisms for setting up businesses in India, discussion on some key sectors
and the adoption of the initiative in such sectors.
June 2023
A comprehensive guide that offers a clear approach to establish effective governance practices
in a company.
June 2023
Key ESG issues faced by start-ups and how to inculcate the trend of governance
from an early stage.
January 2023
India, a country known for its diverse culture, is emerging as a preferred destination for businesses
across the globe. However, doing business in India is not without its challenges.
With this paper, we aim to provide a comprehensive guide for new businesses setting up in India
or foreign investors looking to set up businesses in India. The paper will cover the regulatory,
legal, and tax laws and implications that businesses need to consider.
October 2021
ESG
Prevalence and Relevance
The relevance of sustainability as a significant trend in financial markets in the present time cannot
be overlooked. The philosophy of corporations being mindful of, and responsive to their impact on
society and environment has been growing a strong support.
December 2020
This paper discusses the development of the Competition Law framework in India. The paper also
reviews the developments that have been pronounced and effectuated by the CCI and the NCLAT,
in regulating the market practices in India.
March 2020
January 2020
Founders’ 101
Lifecycle of a Startup: From Idea to Funding
The paper discusses the various stages in the lifecycle of a start-up from its
incorporation to funding rounds.
Education
Education
Higher Education
Opportunities for Foreign Educational Institutions in India: Strategic, Legal and Tax Issues, April 2023
April 2023
Higher Education
Opportunities for Foreign
Educational Institutions in India
Strategic, Legal and Tax Issues
In this paper, we have analyzed and discussed the regulatory landscape in India with respect to
higher education. The various progressive legislations, together with the opportunity that India
offers, provide many options for FEIs to consider India.
Our emphasis is on how this landscape provides opportunities to FEIs who are looking for potential
collaboration and/or growth opportunities in India.
Education
EdTech: From IT to AI
A legal Perspective, June 2021
June 2021
EdTech: From IT to AI
A legal Perspective
This pager discusses how Robots, artificial intelligence (AI) and Deep Learning are fast becoming
a reality.
Explored are some of the EdTech businesses and the relevant legal issues which may be considered
by such businesses.
Education
Investment in Education
February 2020
February 2020
Investment in Education
The paper discusses the various challenges faced by Investors in the education sector
and the latest reforms in the education industry.
It also discusses how the education industry might see considerable growth in the future.
Index of Publications
Publications
Technology 1
AI and Warfare
October 2023 4
Smart Meters
Revolutionising the Power Sector, July 2023 6
Fintech
Legal, Regulatory and Tax Considerations – Compendium, August 2022 9
5G Technology in India
Strategic, Legal and Regulatory Considerations, October 2020 14
The Blockchain
Industry Applications and Legal Perspectives, November 2018 20
Business Transfer
Why, How and When?, August 2023 24
M&A Lab
Adani’s Hostile Takeover of NDTV, May 2023 26
M&A Lab
ADANI – HOLCIM: Cementing the Future! August 2022 28
M&A Lab
HDFC – HDFC Bank: Merger of Giant HDFC Twins! August 2022 29
M&A Lab
PVR – INOX: Biggest Blockbuster at Box Office! August 2022 30
Make It or Fake It
Tackling Online Misinformation in India, July 2022 46
Privacy & Data in India: Fostering the World’s Digital, Innovation and Outsourcing Destination
Legal, Ethical and Tax Considerations and Comparative Notes to the GDPR, May 2022 47
Intellectual Property 50
Resolving Disputes
Between Foreign Investors & The Indian State / State Entities:
With Practical Solutions for managing Disputes and Enforcing Outcomes, January 2023 59
Mediation
The Go-To Dispute Resolution Mechanism in India! December 2020 67
Telemedicine in India
The Future of Medical Practice, July 2023 79
Nanomedicine
De-Coding Nano-Regulation in India and Considerations for the Future, July 2022 82
Investment in Healthcare
Legal, Regulatory and Tax Overview, May 2020 84
Make in India
Progressing Towards an Interdependent, yet ‘Self-reliant Nation’ , September 2023 100
ESG
Prevalence and Relevance, October 2021 104
Founders’ 101
Lifecycle of a Startup: From Idea to Funding, January 2020 107
Education 108
Higher Education
Opportunities for Foreign Educational Institutions in India: Strategic, Legal and Tax Issues, April 2023 109
EdTech: From IT to AI
A legal Perspective, June 2021 110
Investment in Education
February 2020 111
At Nishith Desai Associates, we have earned the reputation of being Asia’s most Innovative Law Firm
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We are a trust based, non-hierarchical, democratic organization that leverages research and knowledge to
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