Khaitan Legal Associates

We are pleased to present the third edition of 𝗞𝗟𝗔 𝗚𝗿𝗲𝗲𝗻𝗟𝗶𝗻𝗲 (𝗗𝗲𝗰𝗲𝗺𝗯𝗲𝗿 𝟮𝟬𝟮𝟰)!   In this edition, we delve into the key highlights from COP 29, groundbreaking green logistics trends, and the latest global corporate ESG initiatives that are setting new standards for sustainability. Don’t miss out on how these global shifts are reshaping the future of business and the planet!   Sangeeta Jhunjhunwala | Sanjeev Singhal | Pritam Paul | Ayush Agrawal | Purva Gandhi   #KLAGreenLine #ESG #Newsletter #ClimateAction #Sustainability #ThoughtLeadership #Lawyers #LawFirm #KLA #SakateKhaitan

Khaitan Legal Associates successfully represented Tagros Chemicals India Private Limited, one of India’s leading manufacturers of agrochemicals, before the Madras High Court in an application for the appointment of an arbitrator in its disputes with United India Insurance Company Limited. The dispute involved the interpretation of a split dispute resolution clause in an industrial all risks policy, which provided for arbitration in case of quantum-related disputes but litigation in case of coverage-related disputes. Since the insurer had admitted liability under one claim but denied liability under another, a question arose whether both claims could be referred to arbitration. The Court allowed Tagros's plea and referred both claims to arbitration after analyzing the Policy terms and the most recent judicial pronouncements on the interpretation of arbitration clauses. #Arbitration #DisputeResolution #Litigation #Arbitrator #TagrosChemicals #MadrasHighCourt #LegalUpdates #LawFirms #KLA

Our Partners Dhiraj Mhetre and Smiti Tewari shall be attending the 𝗜𝗡𝗦𝗢𝗟 𝗜𝗻𝘁𝗲𝗿𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗖𝗼𝗻𝗰𝗹𝗮𝘃𝗲 𝟮𝟬𝟮𝟰 on 7th December 2024 at New Delhi. The 2nd International Conclave, organized by the Insolvency And Bankruptcy Board Of India (IBBI) and INSOL India, will focus on the theme 𝘐𝘯𝘴𝘰𝘭𝘷𝘦𝘯𝘤𝘺 𝘙𝘦𝘴𝘰𝘭𝘶𝘵𝘪𝘰𝘯: 𝘌𝘷𝘰𝘭𝘶𝘵𝘪𝘰𝘯 & 𝘎𝘭𝘰𝘣𝘢𝘭 𝘗𝘦𝘳𝘴𝘱𝘦𝘤𝘵𝘪𝘷𝘦. The event aims to engage Indian regulators, policymakers, legal professionals, and business leaders, exploring global insolvency strategies and their adaptation to India’s economic growth. Our Partner Smiti Tewari will also be moderating a session on “𝘖𝘱𝘱𝘰𝘳𝘵𝘶𝘯𝘪𝘵𝘪𝘦𝘴 𝘢𝘯𝘥 𝘊𝘩𝘢𝘭𝘭𝘦𝘯𝘨𝘦𝘴 𝘧𝘰𝘳 𝘙𝘦𝘴𝘰𝘭𝘶𝘵𝘪𝘰𝘯 𝘈𝘱𝘱𝘭𝘪𝘤𝘢𝘯𝘵𝘴 𝘪𝘯 𝘛𝘩𝘦 𝘐𝘯𝘥𝘪𝘢𝘯 𝘐𝘯𝘴𝘰𝘭𝘷𝘦𝘯𝘤𝘺 & 𝘙𝘦𝘴𝘵𝘳𝘶𝘤𝘵𝘶𝘳𝘪𝘯𝘨 𝘚𝘱𝘢𝘤𝘦.” #INSOLIndia #Insolvency #Restructuring #IBC #InternationalConclave #ThoughtLeadership #LawFirms #Lawyers #KLA

𝗜𝗻𝘀𝗶𝗴𝗵𝘁𝘀 𝗳𝗿𝗼𝗺 𝗢𝘂𝗿 𝗥𝗼𝘂𝗻𝗱𝘁𝗮𝗯𝗹𝗲 𝗗𝗶𝘀𝗰𝘂𝘀𝘀𝗶𝗼𝗻 𝗼𝗻 𝗔𝗜 𝗶𝗻 𝗔𝗰𝘁𝗶𝗼𝗻 Last week, we had the privilege of hosting a thought-provoking roundtable discussion at our Mumbai office, bringing together industry leaders and experts to explore the pressing issues shaping cybersecurity and technology governance in India and globally. The discussion was driven by Chirag D Joshi, Founder and Chief Executive of 7 Rules Cyber, and our data protection and TMT Partner, Shruti Dvivedi Sodhi. Here's what we explored:   𝗖𝘆𝗯𝗲𝗿𝘀𝗲𝗰𝘂𝗿𝗶𝘁𝘆 𝗖𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗲𝘀 * The evolving role of regulators in safeguarding digital ecosystems. * Addressing limited cyber resilience with clear risk frameworks. * Concentration risks: Are we overly reliant on single platforms?   𝗔𝗜 𝗔𝗱𝗼𝗽𝘁𝗶𝗼𝗻 & 𝗚𝗼𝘃𝗲𝗿𝗻𝗮𝗻𝗰𝗲 * Boards must align AI use with existing governance frameworks. * Educating stakeholders: AI isn't one-size-fits-all. * Ensuring data control and understanding AI's true value. 𝗖𝗼𝗹𝗹𝗮𝗯𝗼𝗿𝗮𝘁𝗶𝗼𝗻 𝗳𝗼𝗿 𝗦𝘁𝗿𝗼𝗻𝗴𝗲𝗿 𝗦𝗲𝗰𝘂𝗿𝗶𝘁𝘆 * Lessons from global initiatives such as certification of cybersecurity providers in Malaysia and recent cybersecurity regulations in Australia. * Discussions on whether India should pre-emptively establish robust guidelines or wait for crises to drive action. Our conversation sparked fresh insights into tech-driven governance and its role in future-proofing businesses. Stay tuned for more exciting updates as we continue to explore these critical themes and drive conversations shaping the future of technology and security! If you'd like to be part of our future discussions, reach out to us at dataprotection@khaitanlegal.com #AI #Privacy #CyberSecurity #DataProtection #ArtificialIntelligence #DPDPA #Roundtable #KLA #KhaitanLegalAssociates

We are thrilled to share that Khaitan Legal Associates has been recognised in the 2024 edition of Global Restructuring Review (GRR) 100 as one of the world’s leading law firms in the field of cross-border restructuring and insolvency matters. This recognition is a testament to our team's dedication and commitment to delivering exceptional results for our clients. The GRR 100 is the bespoke annual guide to the world's best law firm practices for cross-border restructuring and insolvency matters, based on eight years of comprehensive research. #GRR100 #Restructuring #Insolvency #Recognition #KLA #TopLawFirms #KhaitanLegalAssociates

Significant changes ahead in the insurance sector!   The Department of Financial Services, Ministry of Finance vide Office Memorandum dated 26 November 2024 has proposed amendments to the Insurance Act, 1938, the LIC Act, 1956, and the IRDAI Act, 1999. These developments could reshape the regulatory landscape and open new avenues for growth.   Stay tuned for insights! #InsuranceReforms #RegulatoryUpdates #FinancialServices #LegalUpdates #InsuranceLaw #IRDAI #KLA #TopLawFirms #KhaitanLegalAssociates

On November 19, NCLT Delhi’s judicial member Mahendra Khandelwal criticized Engine Lease Finance B.V., a SpiceJet engine lessor, for leveraging the IBC forum to delay settlements with the airline. As of November 2024, 16 insolvency claims have been filed against SpiceJet, primarily by lessors and service vendors. Of these, five have been settled and withdrawn, two are nearing settlement, seven remain pending, and two were dismissed. None have progressed to full insolvency proceedings. Our Partner Smiti Tewari, highlights in this Mint article that the proposed out-of-court settlement mechanism under the IBC may still allow the misuse of IBC proceedings as leverage, particularly with large corporate debtors. Without strict action by NCLT/NCLAT against malicious prosecution, this practice is likely to persist. Read the full article here https://lnkd.in/gz6C-QA5 #KLA #SakateKhaitan #IBC #CorporateLaw #Insolvency #LegalInsights #DisputeResolution #NCLT #CorporateGovernance

The rapid growth of the #quickcommerce sector in India has brought the issue of predatory pricing into sharp focus. The All India Consumer Products Distributors Federation (AICPDF) has raised concerns about anti-competitive practices, alleging that small #kiranastores are unable to compete with the aggressive pricing strategies employed by these platforms. According to the AICPDF, even when local kiranas offer competitive discounts of 10–15 percent, they struggle to match the steep price reductions provided by these q-commerce companies. The legal framework governing predatory pricing in India is primarily outlined under Section 4 of the Competition Act, 2002, which prohibits the abuse of a dominant market position. In an article published in Outlook Business, our Partner, Vivek Bajoria, who also helped setup first dark stores for Dunzo back in 2020, observed that predatory pricing is deemed anti-competitive when employed by entities holding a dominant market position. He further notes that the Competition Commission Of India (CCI) must carefully evaluate whether the pricing strategies adopted by q-commerce companies are intended to eliminate competitors or deter new entrants from entering the market. Please read the full article to gain more insights https://lnkd.in/gT26pBnS Zepto Swiggy Zomato Blinkit Dunzo Flipkart Amazon bigbasket.com #KLA #SakateKhaitan #PredatoryPricing #CompetitionAct #QuickCommerce #AntiCompetitivePractices #MarketRegulation #ConsumerProtection #FairTrade #CompetitionLaw #LegalInsights #DarkStore

Khaitan Legal Associates advised IAN Group (formerly Indian Angel Network), its fund and its investors in the investment round of Irasus Technologies Private Limited (Irasus). iRasus Technologies is engaged in the business of energy analytics. The deal team comprised our Partner Shruti Dvivedi Sodhi, Senior Associate Aditi Chandak, Associates Dewansh Vashishth (transaction team), Abhishek Bindal and Aanchal Golecha (diligence team). #Deals #IrasusTechnologies #IAN #Analytics #EV #Energy #KLA #TopLawFirms #Lawyers #KhaitanLegalAssociates

TotalEnergies has paused new investments in Adani Green Energy amid fallout from the $250-million bribery case, while U.S.-based GQG Partners continues to support the conglomerate, citing Indian government backing. TotalEnergies, which holds stakes in Adani Green Energy (19.75%), Adani Total Gas (37.4%), and three joint ventures, had also halted investments following Hindenburg's allegations last year. Our Senior Partner, Sakate Khaitan, highlights in this article published in Mint that TotalEnergies’ stance reflects a strategic decision to mitigate risk by pausing new investments until greater clarity is achieved. In contrast, GQG Partners has reiterated its confidence in the Adani Group and the Indian government, expressing belief in the group’s continued success. Investors must ultimately decide which perspective aligns with their own outlook. Read the full article here:  https://lnkd.in/gpW-ATyy #KLA #SakateKhaitan #InvestmentStrategies #CorporateGovernance #AdaniGroup #RiskManagement #InvestorConfidence