Dispute Resolution and M&A and Criminalisation of Civil Disputes 2020

Part 1 – Dispute resolution and M&A Introduction

Driven by macroeconomic factors, with India being one of the fastest-growing emerging ­economies and the ever-growing demand for energy resources to sustain that growth, there is a great deal of focus on renewable energy (which accounts for 23 per cent of installed capacity) and efforts to channel foreign investment into the energy sector,[2] which in turn provides ripe opportunities for M&A activity in the sector. While at a high level there are positive drivers, the complex regulatory environment of India does entail some challenges, particularly to foreign investors, and consequently identification of some of those issues is critical to managing the risk of litigation or disputes that may arise.

M&A disputes typically involve issues relating to failure to disclose all relevant information on account of fraud or misrepresentation, breaches of warranties, price adjustments, etc. While in principle disputes can arise both before and after closing a deal, typically M&A disputes with a nexus in India fall in the latter category. The various issues that typically arise in the context of M&A in India are sector-agnostic…….. Read More