Key Employment Law Considerations in Business Transfers
The approach towards employee transfers or redundancies, structuring of pay and benefits, etc., can be complex and often be the subject matter of heavy negotiations between parties in case of transfer of business undertakings. This is further complicated by conflicting judicial precedents. These FAQs discuss key employment related considerations associated with business sales or acquisitions in the private sector in India.
Arbitrator’s Dilemma: Dignified Exit or Jurisdictional Challenges
Arbitrator disclosures under the new arbitral regime in India (Arbitration and Conciliation Act, 1996, along with amendments made to it in 2015 and 2019), are aimed at promoting fairness and transparency in arbitration proceedings. This article explores the legal framework and guidance on such disclosures. It also analyses the mechanism for challenging an arbitrator’s mandate in India, and positions adopted by Indian and foreign courts and arbitral institutions while deciding such challenges.
