Research Paper Compendium

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MUMBAI SILICON VALLE Y BENG ALURU SING APORE NE W DELHI MUNICH / AMSTERDAM NE W YORK GIF T CIT Y

Research Paper
Compendium
Clickable Catalogue
of Publications

2018 – 2024 04

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper
Compendium
Clickable Catalogue
of Publications

2018 – 2024 04

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

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

nishith@nishithdesai.com

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Imaginarium Aligunjan
Blue Sky Thinking and Research Campus in Alibaug, Mumbai

Nishith Desai 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.

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

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.

© Nishith Desai Associates 2024 www.nishithdesai.com


Ranked as the ‘Most Innovative Indian Law Firm’ in the prestigious FT Innovative Lawyers Asia Pacific
Awards for multiple years. Also ranked amongst the ‘Most Innovative Asia Pacific Law Firm’ in these
elite Financial Times Innovation rankings.

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

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

For any help or assistance please email us on concierge@nishithdesai.com


or visit us at www.nishithdesai.com.

© Nishith Desai Associates 2024 Provided upon request only


Research Paper Compendium

Publications

Technology 1

Corporate and M&A 22

International Tax and Fund Formation 32

Media & Entertainment 40

Data Protection and Privacy 44

Intellectual Property 50

International Disputes & Investigations 53

Pharmaceutical, Lifescience & Healthcare 76

HR (Employment and Labour) Laws 86

Doing Business in India 98

Education 108

Detailed Index of Publications 112

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Technology

© Nishith Desai Associates 2024 concierge@nishithdesai.com 1


Research Paper Compendium

Technology
The Indian Defence Industry
Redefining Frontiers, December 2023

December 2023

The Indian Defence Industry


Redefining Frontiers

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.

Additionally, we have scrutinized recent legislative developments and addressed compliance


challenges and adaptability within the defence sector.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 2


Research Paper Compendium

Technology
The Global Drone Revolution
Aerial Transport, Investments and Make in India Opportunities, November 2023

November 2023

The Global Drone Revolution


Aerial Transport, Investments and Make in India
Opportunities

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 3


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 4


Research Paper Compendium

Technology
Cybersecurity Law and Policy
Present Scenario and the Way Forward, July 2023

July 2023

Cybersecurity Law and Policy


Present Scenario and the Way Forward

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 5


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 6


Research Paper Compendium

Technology
Generative AI & Disruption
Emerging Legal and Ethical Challenges, May 2023

May 2023

Generative AI & Disruption


Emerging Legal and Ethical Challenges

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 7


Research Paper Compendium

Technology
India’s Tryst with Space Exploration
Legal and Regulatory Overview, March 2023

March 2023

India’s Tryst with Space Exploration


Legal and Regulatory Overview

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 8


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 9


Research Paper Compendium

Technology
Crypto & Blockchain
2021-22 Publications, July 2022

July 2022

Crypto & Blockchain


2021-22 Publications

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 10


Research Paper Compendium

Technology
Metaverse: A New Universe
Legal, Regulatory and Tax Issues, July 2022

July 2022

Metaverse: A New Universe


Legal, Regulatory and Tax Issues

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 11


Research Paper Compendium

Technology
Regulations on E-Wallets, Gift Cards and Vouchers Given a Facelift
More Liberalization Needed for Revival, January 2022

January 2022

Regulations on E-Wallets, Gift Cards


and Vouchers Given a Facelift
More Liberalization Needed for Revival

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 12


Research Paper Compendium

Technology
The Future of Mobility
Automation, Aerial Transport and Convergence, February 2021

February 2021

The Future of Mobility


Automation, Aerial Transport and Convergence

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 13


Research Paper Compendium

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

October 2020

5G Technology in India
Strategic, Legal and Regulatory Considerations

This paper provides a primer on 5G technology in non-technical terms. It gives an overview


of extended 5G applications for various sectors, the regulatory landscape for 5G in India.

Various important strategic, policy, regulatory, technical and behavioral considerations are
also outlined in this paper.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 14


Research Paper Compendium

Technology
3D Printing: Ctrl+P the Future
A Multi-Industry Strategic, Legal, Tax & Ethical Analysis, April 2020

April 2020

3D Printing: Ctrl+P the Future


A Multi-Industry Strategic, Legal,
Tax & Ethical Analysis

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 15


Research Paper Compendium

Technology
E-Mobility: A Sustainable Automotive Future
Legal and Tax Analysis, November 2019

November 2019

E-Mobility: A Sustainable Automotive Future


Legal and Tax Analysis

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 16


Research Paper Compendium

Technology
Augmented, Virtual and Mixed Reality — A Reflective Future
Legal, Regulatory and Tax Considerations: Strategic, Legal, Tax and Ethical Issues, September 2019

September 2019

Augmented, Virtual and Mixed Reality —


A Reflective Future
Legal, Regulatory and Tax Considerations
Strategic, Legal, Tax and Ethical Issues

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 17


Research Paper Compendium

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

Preparing For a Driverless Future


Re-Shaping the Transportation Landscape
and Conquering the Sky
Strategic, Legal, Tax and Ethical Issues

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 18


Research Paper Compendium

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

Building a Successful Blockchain Ecosystem


for India
Regulatory Approaches to Crypto-Assets
An Independent Submission to the Government
of India

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 19


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 20


Research Paper Compendium

Technology
The Future is here: Artificial Intelligence and Robotics
May 2018

May 2018

The Future is here:


Artificial Intelligence and Robotics

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 21


Research Paper Compendium

Corporate and M&A

© Nishith Desai Associates 2024 concierge@nishithdesai.com 22


Research Paper Compendium

Corporate and M&A


Private Equity and Private Debt Investments in India
Regulatory, Legal and Tax Overview, October 2023

October 2023

Private Equity and Private Debt Investments


in India
Regulatory, Legal and Tax Overview

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 23


Research Paper Compendium

Corporate and M&A


Business Transfer
Why, How and When?, August 2023

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 24


Research Paper Compendium

Corporate and M&A


Mergers & Acquisitions
An India Legal, Regulatory and Tax Perspective, July 2023

July 2023

Mergers & Acquisitions


An India Legal, Regulatory and Tax Perspective

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 25


Research Paper Compendium

Corporate and M&A


M&A Lab
Adani’s Hostile Takeover of NDTV, May 2023

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 26


Research Paper Compendium

Corporate and M&A


Incorporation of Company/LLP in India
April 2023

April 2023

Incorporation of Company/LLP in India


FAQs

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 27


Research Paper Compendium

Corporate and M&A


M&A Lab
ADANI – HOLCIM: Cementing the Future! August 2022

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 28


Research Paper Compendium

Corporate and M&A


M&A Lab
HDFC – HDFC Bank: Merger of Giant HDFC Twins! August 2022

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 29


Research Paper Compendium

Corporate and M&A


M&A Lab
PVR – INOX: Biggest Blockbuster at Box Office! August 2022

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 30


Research Paper Compendium

Corporate and M&A


ArcelorMittal Steals Essar From Ruias!
May 2020

May 2020

ArcelorMittal Steals Essar From Ruias!

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 31


Research Paper Compendium

International Tax
and Fund Formation

© Nishith Desai Associates 2024 concierge@nishithdesai.com 32


Research Paper Compendium

International Tax and Fund Formation


Opportunities in GIFT City
Fund Formation, March 2024

March 2024

Opportunities in GIFT City


Fund Formation

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 33


Research Paper Compendium

International Tax and Fund Formation


Fund Formation: Attracting Global Investors
Global, Regulatory and Tax Environment Impacting India Focused Funds, February 2024

February 2024

Fund Formation: Attracting Global Investors


Global, Regulatory and Tax Environment
Impacting India Focused Funds

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 34


Research Paper Compendium

International Tax and Fund Formation


Sovereign Wealth Funds & Pension Funds: Investments into India
Regulatory, Legal and Tax Overview, May 2023

May 2023

Sovereign Wealth Funds & Pension Funds:


Investments into India
Regulatory, Legal and Tax Overview

In this paper, we have analysed the legal, regulatory and tax regime governing investments
by sovereign wealth funds and pension funds in India.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 35


Research Paper Compendium

International Tax and Fund Formation


Taxing Offshore Indirect Transfers in India
May 2022

May 2022

Taxing Offshore Indirect Transfers


in India

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 36


Research Paper Compendium

International Tax and Fund Formation


Tax issues in M&A Transactions
May 2022

May 2022

Tax issues in M&A Transactions

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 37


Research Paper Compendium

International Tax and Fund Formation


Tax, Trade and Investments
An Indian Policy Perspective, September 2021

September 2021

Tax, Trade and Investments


An Indian Policy Perspective

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 38


Research Paper Compendium

International Tax and Fund Formation


Technology and Tax Series
Indian Equalization Levy Expanded – A Surprise Move! A Bloomberg Publication, June 2020

June 2020

Technology and Tax Series


Indian Equalization Levy Expanded –
A Surprise Move!
A Bloomberg Publication

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 39


Research Paper Compendium

Media &
Entertainment

© Nishith Desai Associates 2024 concierge@nishithdesai.com 40


Research Paper Compendium

Media & Entertainment


Ahead of the Game
Legal, Regulatory and Tax Issues in India’s Gaming Industry, September 2022

September 2022

Ahead of the Game


Legal, Regulatory and Tax Issues in India’s
Gaming Industry

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 41


Research Paper Compendium

Media & Entertainment


Indian Film Industry
Tackling Litigations, February 2020

February 2020

Indian Film Industry


Tackling Litigations

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 42


Research Paper Compendium

Media & Entertainment


The Curious Case of the Indian Gaming Laws
Legal Issues Demystified, October 2019

October 2019

The Curious Case of the Indian


Gaming Laws
Legal Issues Demystified

This paper discusses the scope of gambling/gaming laws and the evolution of the gambling/
gaming industry in India.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 43


Research Paper Compendium

Data Protection
and Privacy

© Nishith Desai Associates 2024 concierge@nishithdesai.com 44


Research Paper Compendium

Data Protection and Privacy


Privacy and Data Protection in India
June 2023

June 2023

Privacy and Data Protection in India

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 45


Research Paper Compendium

Data Protection and Privacy


Make It or Fake It
Tackling Online Misinformation in India, July 2022

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 46


Research Paper Compendium

Data Protection and Privacy


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

May 2022

Privacy & Data in India: Fostering the World’s


Digital, Innovation and Outsourcing Destination
Legal, Ethical and Tax Considerations and Comparative
Notes to the GDPR

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 47


Research Paper Compendium

Data Protection and Privacy


Privacy & Data: India’s Turn to Bat on the World Stage
Legal, Ethical and Tax Considerations, July 2020

July 2020

Privacy & Data: India’s Turn to Bat


on the World Stage
Legal, Ethical and Tax Considerations

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 48


Research Paper Compendium

Data Protection and Privacy


Discussion Paper: Online Curated Content Regulation
Stratetic and Legal Issues, October 2019

October 2019

Discussion Paper: Online Curated


Content Regulation
Stratetic and Legal Issues

The paper discusses online curated content platform. The paper also analysis the reasons
for which these platforms need certain regulations.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 49


Research Paper Compendium

Intellectual Property

© Nishith Desai Associates 2024 concierge@nishithdesai.com 50


Research Paper Compendium

Intellectual Property
Key Issues & Considerations for IP Centric Transactions
May 2022

May 2022

Key Issues & Considerations for


IP Centric Transactions

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 51


Research Paper Compendium

Intellectual Property
Patent Litigation in India
Strategy and Law, July 2021

July 2021

Patent Litigation in India


Strategy and Law

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 52


Research Paper Compendium

International Disputes
& Investigations

© Nishith Desai Associates 2024 concierge@nishithdesai.com 53


Research Paper Compendium

International Disputes & Investigations


Third-Party Funding for Dispute Resolution in India
Exploring Recent Developments and the Legal Landscape, April 2024

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 54


Research Paper Compendium

International Disputes & Investigations


Service of Foreign Judicial and Extrajudicial Documents
Civil and Commercial Matters in India: A Primer, March 2024

March 2024

Service of Foreign Judicial


and Extrajudicial Documents
Civil and Commercial Matters in India: A Primer

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 55


Research Paper Compendium

International Disputes & Investigations


Tracking NFTs from Code to Court
Legal Considerations and Disputes, February 2024

February 2024

Tracking NFTs from Code to Court


Legal Considerations and Disputes

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 56


Research Paper Compendium

International Disputes & Investigations


Enforcement of Arbitral Awards and Decrees in India
Domestic and Foreign, February 2024

February 2024

Enforcement of Arbitral Awards


and Decrees in India
Domestic and Foreign

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 57


Research Paper Compendium

International Disputes & Investigations


Time for Evolution of Sport Adjudication in India
Is Sports Arbitration the Way Forward?, June 2023

June 2023

Time for Evolution of Sport Adjudication


in India
Is Sports Arbitration the Way Forward?

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 58


Research Paper Compendium

International Disputes & Investigations


Resolving Disputes
Between Foreign Investors & The Indian State / State Entities:
With Practical Solutions for managing Disputes and Enforcing Outcomes, January 2023

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).

© Nishith Desai Associates 2024 concierge@nishithdesai.com 59


Research Paper Compendium

International Disputes & Investigations


International Commercial Arbitration
Law and Recent Developments in India, August 2022

August 2022

International Commercial Arbitration


Law and Recent Developments in India

An increase in international trade and investment is accompanied by growth in cross-border


commercial disputes and international arbitration has emerged as a preferred option for resolution.

This paper discusses the regime for international commercial arbitration in India and emerging
issues.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 60


Research Paper Compendium

International Disputes & Investigations


Sports Disputes in India
The Role of Courts in Selecting National Teams, August 2022

August 2022

Sports Disputes in India


The Role of Courts in Selecting National Teams

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 61


Research Paper Compendium

International Disputes & Investigations


The Contours of Conducting Internal Investigations in India
August 2022

August 2022

The Contours of Conducting Internal


Investigations in India

This paper lays down the essentials of internal investigations undertaken in corporates including
the guidelines for conducting investigations and the obligations under law.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 62


Research Paper Compendium

International Disputes & Investigations


Law of Damages in India
May 2022

May 2022

Law of Damages in India

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).

© Nishith Desai Associates 2024 concierge@nishithdesai.com 63


Research Paper Compendium

International Disputes & Investigations


IBA Toolkit on Insolvency and Arbitration
Questionnaire: National Report of India, January 2021

January 2021

IBA Toolkit on Insolvency and Arbitration


Questionnaire
National Report of India

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 64


Research Paper Compendium

International Disputes & Investigations


Privilege and Waiver
‘Without Prejudice’ Privilege, January 2021

January 2021

Privilege and Waiver


‘Without Prejudice’ Privilege

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 65


Research Paper Compendium

International Disputes & Investigations


Privilege and Waiver
Attorney-Client Privilege, January 2021

January 2021

Privilege and Waiver


Attorney-Client Privilege

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 66


Research Paper Compendium

International Disputes & Investigations


Mediation
The Go-To Dispute Resolution Mechanism in India! December 2020

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 67


Research Paper Compendium

International Disputes & Investigations


Vodafone Holdings B.V. versus Republic of India
International Investment Treaty Arbitration, October 2020

October 2020

Vodafone Holdings B.V. versus


Republic of India
International Investment Treaty Arbitration

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.

This paper also provides an excerpt of the award.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 68


Research Paper Compendium

International Disputes & Investigations


Dispute Resolution in India
An Introduction, April 2020

April 2020

Dispute Resolution in India


An Introduction

This paper attempts to provide an introduction to the Indian legal and judicial system.
It also discusses the key provisions applicable to certain cases.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 69


Research Paper Compendium

International Disputes & Investigations


Construction Disputes in India
April 2020

April 2020

Construction Disputes in India

The paper discusses the remedies for breach in Construction Projects in India.
It also discusses the various dispute resolution mechanisms.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 70


Research Paper Compendium

International Disputes & Investigations


Introduction to Cross-Border Insolvency
April 2020

April 2020

Introduction to Cross-Border Insolvency

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 71


Research Paper Compendium

International Disputes & Investigations


An Overview of AntiCorruption Laws in India
A Legal, Regulatory, Tax and Strategic Perspective, March 2020

March 2020

An Overview of AntiCorruption Laws


in India
A Legal, Regulatory, Tax and Strategic Perspective

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 72


Research Paper Compendium

International Disputes & Investigations


Enforcing U.S. Arbitral Awards and Judgments in India
January 2020

January 2020

Enforcing U.S. Arbitral Awards


and Judgments in India

This paper provides practical insight to US parties looking to enforce awards and judgments
emanating from the U.S. in India.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 73


Research Paper Compendium

International Disputes & Investigations


Interim Reliefs in Arbitral Proceedings
Powerplay between Courts and Tribunals, January 2020

January 2020

Interim Reliefs in Arbitral Proceedings


Powerplay between Courts and Tribunals

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 74


Research Paper Compendium

International Disputes & Investigations


International Investment Treaty Arbitration and India
With special focus on India Model BIT, 2016, April 2019

April 2019

International Investment Treaty Arbitration


and India
With special focus on India Model BIT, 2016

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 75


Research Paper Compendium

Pharmaceutical,
Lifescience & Healthcare

© Nishith Desai Associates 2024 concierge@nishithdesai.com 76


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Clinical Trials and Biomedical Research in India
Legal and Regulatory Framework, July 2023

July 2023

Clinical Trials and Biomedical Research in India


Legal and Regulatory Framework

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 77


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Digital Health in India
July 2023

July 2023

Digital Health in India

This paper gives an overview of the law and regulations applicable to organisations
incorporating digital health in their business models.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 78


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Telemedicine in India
The Future of Medical Practice, July 2023

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 79


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Medical Device Industry in India
Regulatory, Legal and Tax Issues, April 2023

April 2023

Medical Device Industry in India


Regulatory, Legal and Tax Issues

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 80


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


The Indian Pharmaceutical Industry
Regulatory, Legal and Tax Overview, April 2023

April 2023

The Indian Pharmaceutical Industry


Regulatory, Legal and Tax Overview

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 81


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Nanomedicine
De-Coding Nano-Regulation in India and Considerations for the Future, July 2022

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 82


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Killer Acquisitions in Indian Pharma
Emerging Trends, January 2021

January 2021

Killer Acquisitions in Indian Pharma


Emerging Trends

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 83


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Investment in Healthcare
Legal, Regulatory and Tax Overview, May 2020

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 84


Research Paper Compendium

Pharmaceutical, Lifescience & Healthcare


Are we ready for Designer Babies?
Analysis of Law, Policy and Ethics surrounding Germline Genetic Engineering:
Strategic, Legal, Tax and Ethical Issues, June 2019

June 2019

Are we ready for Designer Babies?


Analysis of Law, Policy and Ethics surrounding
Germline Genetic Engineering
Strategic, Legal, Tax and Ethical Issues

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 85


Research Paper Compendium

HR (Employment
and Labour) Laws

© Nishith Desai Associates 2024 concierge@nishithdesai.com 86


Research Paper Compendium

HR (Employment and Labour) Laws


Prevention of Sexual Harassment at the Workplace (POSH)
India Legal & HR Considerations, December 2023

December 2023

Prevention of Sexual Harassment at the


Workplace (POSH)
India Legal & HR Considerations

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 87


Research Paper Compendium

HR (Employment and Labour) Laws


ESOPs and Other Benefits Plans for Employees in India
Legal, Regulatory, and Tax Considerations, October 2023

October 2023

ESOPs and Other Benefits Plans


for Employees in India
Legal, Regulatory, and Tax Considerations

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 88


Research Paper Compendium

HR (Employment and Labour) Laws


Changing Terms of Employment (India)
Practical Law, July 2023

July 2023

Changing Terms of Employment (India)


Practical Law

In this paper, we discuss the aspect of changing the terms of employment


and legal issues involved therein.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 89


Research Paper Compendium

HR (Employment and Labour) Laws


Eleventh Annual Global Report
National regulatory trends in human resources law, June 2023

June 2023

Eleventh Annual Global Report


National regulatory trends in human resources law

This is a comprehensive guide deals with trends and developments


in human resources law space in India.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 90


Research Paper Compendium

HR (Employment and Labour) Laws


Individual Employee Termination (India)
Practical Law, May 2023

May 2023

Individual Employee Termination (India)


Practical Law

In this paper we discuss the legal and practical issues that arise when
terminating the employment of individuals in India.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 91


Research Paper Compendium

HR (Employment and Labour) Laws


Recovering Monies from an Employee by Making Deductions from Pay
Practical Law, January 2023

January 2023

Recovering Monies from an Employee


by Making Deductions from Pay
Practical Law

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 92


Research Paper Compendium

HR (Employment and Labour) Laws


Ninth Annual Global Report
National regulatory trends in human resources law, August 2021

August 2021

Ninth Annual Global Report


National regulatory trends in human resources law

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 93


Research Paper Compendium

HR (Employment and Labour) Laws


Mutual termination agreement and release (employment)
Q&A: India: Practical Law, September 2020

September 2020

Mutual termination agreement


and release (employment)
Q&A: India
Practical Law

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 94


Research Paper Compendium

HR (Employment and Labour) Laws


Stock Options and Acquisitions
What options do employees have? August 2020

August 2020

Stock Options and Acquisitions


What options do employees have?

The paper discusses the legal framework surrounding the issuance of ESOPs in India.
It also discusses the ESOPs in share acquisitions.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 95


Research Paper Compendium

HR (Employment and Labour) Laws


Eighth Annual Global Report
National regulatory trends in human resources law, December 2019

December 2019

Eighth Annual Global Report


National regulatory trends in human resources law

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 96


Research Paper Compendium

HR (Employment and Labour) Laws


India: Trade Unions and Collective Bargaining
November 2019

November 2019

India: Trade Unions and Collective Bargaining

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 97


Research Paper Compendium

Doing Business in India

© Nishith Desai Associates 2024 concierge@nishithdesai.com 98


Research Paper Compendium

Doing Business in India


ESG and Human Rights
Supply Chain Management, October 2023

October 2023

ESG and Human Rights


Supply Chain Management

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 99


Research Paper Compendium

Doing Business in India


Make in India
Progressing Towards an Interdependent, yet ‘Self-reliant Nation’ , September 2023

September 2023

Make in India
Progressing Towards an Interdependent,
yet ‘Self-reliant Nation’
vkRef uHkZj Hkkjr

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 100


Research Paper Compendium

Doing Business in India


Corporate Governance for Indian Start-ups
June 2023

June 2023

Corporate Governance for Indian Start-ups

A comprehensive guide that offers a clear approach to establish effective governance practices
in a company.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 101


Research Paper Compendium

Doing Business in India


ESG: The New Age Value Creator
Code of Governance for Start-ups, June 2023

June 2023

ESG: The New Age Value Creator


Code of Governance for Start-ups

Key ESG issues faced by start-ups and how to inculcate the trend of governance
from an early stage.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 102


Research Paper Compendium

Doing Business in India


Doing Business in India
The Guide for US Businesses and Organizations Entering and Expanding into India, January 2023

January 2023

Doing Business in India


The Guide for US Businesses and Organizations
Entering and Expanding into India

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 103


Research Paper Compendium

Doing Business in India


ESG
Prevalence and Relevance, October 2021

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.

This paper discusses the future of ESG Reporting and Investments.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 104


Research Paper Compendium

Doing Business in India


Competition Law in India
December 2020

December 2020

Competition Law in India

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 105


Research Paper Compendium

Doing Business in India


Impact of Covid-19 on Contracts
Indian Law Essentials, March 2020

March 2020

Impact of Covid-19 on Contracts


Indian Law Essentials

This paper attempts to focus on the impact of Covid-19 on performance of contracts,


governed by Indian law. It also sets out practical considerations that could help businesses
in these tough times.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 106


Research Paper Compendium

Doing Business in India


Founders’ 101
Lifecycle of a Startup: From Idea to Funding, January 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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 107


Research Paper Compendium

Education

© Nishith Desai Associates 2024 concierge@nishithdesai.com 108


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 109


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 110


Research Paper Compendium

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.

© Nishith Desai Associates 2024 concierge@nishithdesai.com 111


Research Paper Compendium

Index of Publications

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Publications

Technology 1

The Indian Defence Industry


Redefining Frontiers, December 2023 2

The Global Drone Revolution


Aerial Transport, Investments and Make in India Opportunities, November 2023 3

AI and Warfare
October 2023 4

Cybersecurity Law and Policy


Present Scenario and the Way Forward, July 2023 5

Smart Meters
Revolutionising the Power Sector, July 2023 6

Generative AI & Disruption


Emerging Legal and Ethical Challenges, May 2023 7

India’s Tryst with Space Exploration


Legal and Regulatory Overview, March 2023 8

Fintech
Legal, Regulatory and Tax Considerations – Compendium, August 2022 9

Crypto & Blockchain


2021-22 Publications, July 2022 10

Metaverse: A New Universe


Legal, Regulatory and Tax Issues, July 2022 11

Regulations on E-Wallets, Gift Cards and Vouchers Given a Facelift


More Liberalization Needed for Revival, January 2022 12

The Future of Mobility


Automation, Aerial Transport and Convergence, February 2021 13

5G Technology in India
Strategic, Legal and Regulatory Considerations, October 2020 14

3D Printing: Ctrl+P the Future


A Multi-Industry Strategic, Legal, Tax & Ethical Analysis, April 2020 15

E-Mobility: A Sustainable Automotive Future


Legal and Tax Analysis, November 2019 16

Augmented, Virtual and Mixed Reality — A Reflective Future


Legal, Regulatory and Tax Considerations: Strategic, Legal, Tax and Ethical Issues, September 2019 17

Preparing For a Driverless Future


Re-Shaping the Transportation Landscape and Conquering the Sky:
Strategic, Legal, Tax and Ethical Issues, May 2019 18

Building a Successful Blockchain Ecosystem for India


Regulatory Approaches to Crypto-Assets:
An Independent Submission to the Government of India, December 2018 19

The Blockchain
Industry Applications and Legal Perspectives, November 2018 20

The Future is here: Artificial Intelligence and Robotics


May 2018 21

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Corporate and M&A 22

Private Equity and Private Debt Investments in India


Regulatory, Legal and Tax Overview, October 2023 23

Business Transfer
Why, How and When?, August 2023 24

Mergers & Acquisitions


An India Legal, Regulatory and Tax Perspective, July 2023 25

M&A Lab
Adani’s Hostile Takeover of NDTV, May 2023 26

Incorporation of Company/LLP in India


April 2023 27

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

ArcelorMittal Steals Essar From Ruias!


May 2020 31

International Tax and Fund Formation 32

Opportunities in GIFT City


Fund Formation, March 2024 33

Fund Formation: Attracting Global Investors


Global, Regulatory and Tax Environment Impacting India Focused Funds, February 2024 34

Sovereign Wealth Funds & Pension Funds: Investments into India


Regulatory, Legal and Tax Overview, May 2023 35

Taxing Offshore Indirect Transfers in India


May 2022 36

Tax issues in M&A Transactions


May 2022 37

Tax, Trade and Investments


An Indian Policy Perspective, September 2021 38

Technology and Tax Series


Indian Equalization Levy Expanded – A Surprise Move! A Bloomberg Publication, June 2020 39

Media & Entertainment 40

Ahead of the Game


Legal, Regulatory and Tax Issues in India’s Gaming Industry, September 2022 41

Indian Film Industry


Tackling Litigations, February 2020 42

The Curious Case of the Indian Gaming Laws


Legal Issues Demystified, October 2019 43

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Data Protection and Privacy 44

Privacy and Data Protection in India


June 2023 45

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

Privacy & Data: India’s Turn to Bat on the World Stage


Legal, Ethical and Tax Considerations, July 2020 48

Discussion Paper: Online Curated Content Regulation


Stratetic and Legal Issues, October 2019 49

Intellectual Property 50

Key Issues & Considerations for IP Centric Transactions


May 2022 51

Patent Litigation in India


Strategy and Law, July 2021 52

International Disputes & Investigations 53

Third-Party Funding for Dispute Resolution in India


Exploring Recent Developments and the Legal Landscape, April 2024 54

Service of Foreign Judicial and Extrajudicial Documents


Civil and Commercial Matters in India: A Primer, March 2024 55

Tracking NFTs from Code to Court


Legal Considerations and Disputes, February 2024 56

Enforcement of Arbitral Awards and Decrees in India


Domestic and Foreign, February 2024 57

Time for Evolution of Sport Adjudication in India


Is Sports Arbitration the Way Forward?, June 2023 58

Resolving Disputes
Between Foreign Investors & The Indian State / State Entities:
With Practical Solutions for managing Disputes and Enforcing Outcomes, January 2023 59

International Commercial Arbitration


Law and Recent Developments in India, August 2022 60

Sports Disputes in India


The Role of Courts in Selecting National Teams, August 2022 61

The Contours of Conducting Internal Investigations in India


August 2022 62

Law of Damages in India


May 2022 63

IBA Toolkit on Insolvency and Arbitration


Questionnaire: National Report of India, January 2021 64

Privilege and Waiver


‘Without Prejudice’ Privilege, January 2021 65

Privilege and Waiver


Attorney-Client Privilege, January 2021 66

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Mediation
The Go-To Dispute Resolution Mechanism in India! December 2020 67

Vodafone Holdings B.V. versus Republic of India


International Investment Treaty Arbitration, October 2020 68

Dispute Resolution in India


An Introduction, April 2020 69

Construction Disputes in India


April 2020 70

Introduction to Cross-Border Insolvency


April 2020 71

An Overview of AntiCorruption Laws in India


A Legal, Regulatory, Tax and Strategic Perspective, March 2020 72

Enforcing U.S. Arbitral Awards and Judgments in India


January 2020 73

Interim Reliefs in Arbitral Proceedings


Powerplay between Courts and Tribunals, January 2020 74

International Investment Treaty Arbitration and India


With special focus on India Model BIT, 2016, April 2019 75

Pharmaceutical, Lifescience & Healthcare 76

Clinical Trials and Biomedical Research in India


Legal and Regulatory Framework, July 2023 77

Digital Health in India


July 2023 78

Telemedicine in India
The Future of Medical Practice, July 2023 79

Medical Device Industry in India


Regulatory, Legal and Tax Issues, April 2023 80

The Indian Pharmaceutical Industry


Regulatory, Legal and Tax Overview, April 2023 81

Nanomedicine
De-Coding Nano-Regulation in India and Considerations for the Future, July 2022 82

Killer Acquisitions in Indian Pharma


Emerging Trends, January 2021 83

Investment in Healthcare
Legal, Regulatory and Tax Overview, May 2020 84

Are we ready for Designer Babies?


Analysis of Law, Policy and Ethics surrounding Germline Genetic Engineering:
Strategic, Legal, Tax and Ethical Issues, June 2019 85

HR (Employment and Labour) Laws 86

Prevention of Sexual Harassment at the Workplace (POSH)


India Legal & HR Considerations, December 2023 87

ESOPs and Other Benefits Plans for Employees in India


Legal, Regulatory, and Tax Considerations, October 2023 88

Changing Terms of Employment (India)


Practical Law, July 2023 89

© Nishith Desai Associates 2024 www.nishithdesai.com


Research Paper Compendium

Eleventh Annual Global Report


National regulatory trends in human resources law, June 2023 90

Individual Employee Termination (India)


Practical Law, May 2023 91

Recovering Monies from an Employee by Making Deductions from Pay


Practical Law, January 2023 92

Ninth Annual Global Report


National regulatory trends in human resources law, August 2021 93

Mutual termination agreement and release (employment)


Q&A: India: Practical Law, September 2020 94

Stock Options and Acquisitions


What options do employees have? August 2020 95

Eighth Annual Global Report


National regulatory trends in human resources law, December 2019 96

India: Trade Unions and Collective Bargaining


November 2019 97

Doing Business in India 98

ESG and Human Rights


Supply Chain Management, October 2023 99

Make in India
Progressing Towards an Interdependent, yet ‘Self-reliant Nation’ , September 2023 100

Corporate Governance for Indian Start-ups


June 2023 101

ESG: The New Age Value Creator


Code of Governance for Start-ups, June 2023 102

Doing Business in India


The Guide for US Businesses and Organizations Entering and Expanding into India, January 2023 103

ESG
Prevalence and Relevance, October 2021 104

Competition Law in India


December 2020 105

Impact of Covid-19 on Contracts


Indian Law Essentials, March 2020 106

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

© Nishith Desai Associates 2024 www.nishithdesai.com


© Nishith Desai Associates 2024 www.nishithdesai.com
About NDA

At Nishith Desai Associates, we have earned the reputation of being Asia’s most Innovative Law Firm
— and the go-to specialists for companies around the world, looking to conduct businesses in India and
for Indian companies considering business expansion abroad. In fact, we have conceptualized and created
a state-of-the-art Blue Sky Thinking and Research Campus, Imaginarium Aligunjan, an international
institution dedicated to designing a premeditated future with an embedded strategic foresight capability.

We are a research and strategy driven international firm with offices in Mumbai, Palo Alto (Silicon Valley),
Bengaluru, Singapore, New Delhi, Munich, and New York. Our team comprises of specialists who provide
strategic advice on legal, regulatory, and tax related matters in an integrated manner basis key insights
carefully culled from the allied industries.

As an active participant in shaping India’s regulatory environment, we at NDA, have the expertise and more
importantly — the VISION — to navigate its complexities. Our ongoing endeavors in conducting and
facilitating original research in emerging areas of law has helped us develop unparalleled proficiency to
anticipate legal obstacles, mitigate potential risks and identify new opportunities for our clients on a global
scale. Simply put, for conglomerates looking to conduct business in the subcontinent, NDA takes the uncer-
tainty out of new frontiers.

As a firm of doyens, we pride ourselves in working with select clients within select verticals on complex
matters. Our forte lies in providing innovative and strategic advice in futuristic areas of law such as those
relating to Blockchain and virtual currencies, Internet of Things (IOT), Aviation, Artificial Intelligence,
Privatization of Outer Space, Drones, Robotics, Virtual Reality, Ed-Tech, Med-Tech and Medical Devices and
Nanotechnology with our key clientele comprising of marquee Fortune 500 corporations.

The firm has been consistently ranked as one of the Most Innovative Law Firms, across the globe. In fact,
NDA has been the proud recipient of the Financial Times – RSG award 4 times in a row, (2014-2017) as the
Most Innovative Indian Law Firm.

We are a trust based, non-hierarchical, democratic organization that leverages research and knowledge to
deliver extraordinary value to our clients. Datum, our unique employer proposition has been developed
into a global case study, aptly titled ‘Management by Trust in a Democratic Enterprise,’ published by
John Wiley & Sons, USA.

© Nishith Desai Associates 2024 www.nishithdesai.com


MUMBAI SILICON VALLEY BENGALURU

93 B, Mittal Court, Nariman Point 220 S California Ave., Suite 201 Prestige Loka, G01, 7/1 Brunton Rd
Mumbai 400 021, India Palo Alto, California 94306, USA Bengaluru 560 025, India

Tel +91 22 6669 5000 Tel +1 650 325 7100 Tel +91 80 6693 5000

SINGAPORE MUMBAI BKC NEW DELHI

Level 24, CapitaGreen 3, North Avenue, Maker Maxity 13-H, Hansalaya Building, 15
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Singapore 048 946 Mumbai 400 051, India New Delhi 110 001, India

Tel +65 6550 9855 Tel +91 22 6159 5000 Tel +91 11 4906 5000

MUNICH / AMSTERDAM NEW YORK GIF T CIT Y

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80539 Munich, Germany New York, NY 10036, USA GIFT City, Gandhinagar
Gujarat 382 355, India
Tel +49 89 203 006 268 Tel +1 212 464 7050

Research Paper Compendium


Clickable Catalogue of Publications

© Nishith Desai Associates 2024 concierge@nishithdesai.com

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