FOREWORD BY JUSTICE A.K. SIKRI
“One precedent creates another. They soon accumulate and constitute law. What yesterday was fact, today is doctrine” – Junius
We, humans have been conferred with the special ability to think, comprehend, reason and voice. This special ability of ours, bestowed upon each and every one, with our own opinions, unique backgrounds leaves us with either concurring views or in a conflicted situation, which is rooted in disagreements. Since time immemorial, humans have found themselves in the midst of conflict; in fact, the premise of human development is based on conflict.
THE TROJAN HORSE: GROUP OF COMPANIES DOCTRINE
“Group of Companies” doctrine in arbitration has emerged as an important concept in the context of complex corporate structures in today’s world. The doctrine permits a non- ignatory entity to be made party in arbitration proceedings based on its interconnected commercial relationships and collective intent. Originating from French arbitration law and substantially developed in India through landmark cases such as Chloro Controls India Pvt. Ltd. v Severn Trent Water Purification Inc., the doctrine intends to address practical realities of modern business transactions involving multiple related entities.
VOLUNTARY EXIT PATHWAYS: INDIAN EMPLOYMENT LAW ON SEPARATION STRATEGIES
Mergers and acquisitions transactions often trigger operational changes related to workforce management. Such operational changes include workforce downsizing, workforce right-sizing, termination, retrenchment, lay-offs, amongst others. Recently, Air India announced that it will introduce two separation schemes for its non-flying permanent staff ahead of its merger with Vistara. It has announced that it will offer a voluntary retirement scheme to employees with at least five years of continuous service with Air India, while the voluntary separation scheme will be offered to those who have provided services for less than five years to the airline.
ENFORCEABILITY OF PRIVATE INSTITUTIONAL MEDIATION UNDER CURRENT REGIME VIS-À-VIS MEDIATION ACT, 2023
Given the huge backlog of cases in Courts, lengthy timelines for resolution through judicial process and high litigation costs, the legislators have since times formulated various laws to promote and regulate the alternative dispute resolution mechanisms, which in contrast to judicial process are both time and cost effective; and are not bound by strict procedural laws. One such mechanism is Mediation, wherein the parties, with the help of a mediator, are allowed to assess the mutual interests, rights and liabilities and come up with a mutually acceptable solution. The Mediation process in contrast to arbitration, maintains the personal/professional relationship between the parties as it is voluntary, consensual and usually private.
INTERNAL INVESTIGATIONS – SOME LEGAL CONSIDERATIONS
Due to a steep rise in white collar crimes in India, robust measures to prevent and remediate these are being taken by corporations, one of which is conducting internal investigations. The decision to conduct such an investigation may be driven inter alia by one or more of statutory or regulatory obligations that an entity in India is subject to (in addition to internal policy requirements or other considerations). Although these laws may not explicitly mandate an internal investigation, fulfilling obligations under these laws typically requires such action.
APPOINTMENT OF ARBITRAL TRIBUNALS BY PANELS MAINTAINED BY ONE PARTY: A PRACTICE THAT NEEDS RECONSIDERATION
India, government is one of the biggest litigants. Through public sector utilities (hereinafter referred to as “PSU”), the government enters into contracts with private players from the construction and infrastructure industries to undertake development projects. In these contracts, the negotiation power is disproportionately in the favour of the PSUs , with the arbitration agreement granting them controlling power over the appointment of arbitrators.
ESG REPORTING IN INDIA: BALANCING PROFIT, PEOPLE, AND PLANET
With the turn of almost a quarter of a century since the launch of the first version of its guidelines by the Global Reporting Initiative (GRI), and keeping pace with the enhanced Environmental, Social, and Governance (ESG) consciousness across the globe, the concept of ESG reporting has gained significant traction in recent years. Just last year, the International Sustainability Standards Board (ISSB) published the first ever set of global reporting standards ushering in a new era of ESG reporting and disclosures.
JUDICIAL OVERREACH OR NECESSARY SCRUTINY? THE SUPREME COURT’S ROLE IN THE DMRC ARBITRATION SAGA
The recent Supreme Court judgment in Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd. (“DMRC Case”) has put two critical legal concepts into the spotlight- the scope of the Hon’ble Supreme Court while invoking its curative jurisdiction and the threshold for broadening the ambit of ‘patent illegality’ in setting aside an arbitral award. This landmark decision highlights the delicate balance between the finality in litigation and the pursuit of justice in India’s evolving arbitration landscape.
CONCEPT OF ‘INTERNATIONAL WORKER’ AND CURRENT COMPLIANCE LANDSCAPE
The introduction of the concept of ‘international workers’ in India was made by the Government of India in the year 2008. Vide its notification dated October 1, 2008, the Government of India introduced Paragraph 83 (Special provision in respect of International Workers) in the Employees’ Provident Fund Scheme, 1952 (“EPF Scheme”) and Paragraph 43A (Special provisions in respect of International Workers) in the Employees’ Pension Scheme, 1995 (“Pension Scheme”), thereby creating special provisions in respect of the international workers.
OFFSHORE ESOPS TO INDIAN EMPLOYEES – A REGULATORY OVERVIEW
Employee stock option plan or employee stock ownership plan (“ESOP Plan”) is an incentive strategy by which shares or similar equity interests of the employer entity and/or any of its group companies are offered to the employees, subject to vesting and exercise conditions tied typically to continued employment and fulfilment of agreed upon performance matrix and/or time-based conditions. By way of cross-border ESOP Plans offering global incentives, Indian resident employees are increasingly being granted employee stock options of the offshore parent company and/or group company/ies of the Indian employer entity, with the right to subscribe to the shares or other equity interests of the issuing offshore entity pursuant to exercise of such options on vesting (“ESOPs”).
EVOLUTION OF CELEBRITY PERSONALITY RIGHTS: AN INDIAN JUDICIAL ANALYSIS
With the advent of globalization, both companies and individuals have recognized the growing importance of building a strong brand image. Consequently, there has been an increased focus on the effective protection of intellectual property rights, enabling rights holders to leverage their goodwill and reputation to generate revenue, especially in intellectual-property centric industries such as media and entertainment (“M&E”). The past decade has also witnessed a notable growth in the M&E sector.