Articles tagged with: legal opinions

Law firmite rebuts GC’s ramblings: Law firms do and will continue to generate value

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Dothraki rainmaker
Dothraki rainmaker
*A law firm pro has penned a response to the controversial Ramblings of a GC column from last week.

Legal opinion: Celebrity domain squatting on the rise in India

julia-roberts_by_indio
julia-roberts_by_indio
Concerned with the menacing rise of celebrity domain squatting cases, FoxMandal technology law head Salman Waris asks whether the current laws are an adequate deterrent to cyber squatting.

Are option clauses actually enforcable?

stock_exchange_chart_th
stock_exchange_chart_th
Option clauses in commercial agreements are useful, popular and flexible in commercial agreements. But are they enforceable under Indian law? The case is far from clear, argues Ankit Guha.

Option clauses are a very common feature in shareholder agreements, share subscription agreements and many other investment related agreements. With a put option the holder has the right to sell its securities to the other party, with a call option holder will have the right to buy the securities from the other party, often at an agreed price. These can be used to hedge risks or provide an uplift to a party if securities should rise in value.

However, the enforceability of these options under Indian law is not settled.

Securitisation Act self-help remedy: legislative flaw or express exclusion of foreign lenders?

DuaAssociates_HiteshSanghvi_th
DuaAssociates_HiteshSanghvi_th
The so-called Sarfesi Act is arguably one of the most important developments in Indian banking sector reforms with respect to the non-performing secured assets.

However, certain provisions of Sarfesi seem to be a deterrent to foreign lenders providing finance to Indian borrowers, which in turn affects genuine Indian companies also from raising low-cost international finance.