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Legal Insights

Perspectives &
Legal Updates.

Commentary on Indian law, regulatory developments, and commercial legal matters from the lawyers of LawCite Advocates.

Due Diligence in Indian M&A: What a Buyer's Lawyer Actually Looks For

What buyers inherit, what to verify, and why skipping due diligence is an avoidable and costly mistake.

Force Majeure Clauses Post-COVID: Are Indian Courts Applying Them Correctly?

How Indian courts have interpreted force majeure since the pandemic and what this means for your contracts.

Non-Compete Clauses in India: Are They Even Enforceable?

Section 27 of the Contract Act makes most post-employment non-competes void. What protection actually exists?

Director Disqualification Under Section 164: What Indian Companies Miss

Directors are frequently disqualified without realising it. The consequences are serious and often avoidable.

Personal Guarantees in Commercial Lending: What Directors Are Actually Signing

A personal guarantee extends to your entire personal estate. Here is what directors need to understand before signing.

FDI in India: Automatic Route vs. Government Route, A Practical Decision Guide

Which route applies to your investment, and what happens if you get it wrong.

Limitation Periods for Commercial Disputes in India: A Practical Guide

A valid claim can be permanently barred by delay. Understanding when time starts to run is critical.

Arbitration Clauses in Commercial Contracts: Mistakes Indian Businesses Keep Making

Poor drafting of arbitration clauses generates more litigation than it prevents. Here is how to get it right.

Term Sheets in India: Which Clauses Are Binding and Which Are Not

Non-binding does not mean without consequence. Founders and investors need to understand what they are agreeing to.

Share Purchase vs. Asset Purchase in India: Legal Implications for Buyers

The structural choice in an acquisition has significant tax, regulatory and liability consequences.

Related Party Transactions Under the Companies Act: When Does the Board Need Shareholder Approval?

Group company transactions are a persistent compliance trap. Here is what the Act actually requires.

ESOP Structuring for Indian Startups: Legal Requirements and Common Errors

Options granted before the shareholder resolution are invalid. These are the mistakes that create problems later.

Convertible Notes vs. SAFE Agreements: What Works Under Indian Law

The FEMA framework creates specific constraints on early-stage foreign investment instruments in India.

Drag-Along and Tag-Along Rights: Drafting Them to Actually Work

These provisions are standard but frequently drafted in ways that create disputes at the worst possible moment.

Representations and Warranties in Indian Acquisition Agreements: What Gets Negotiated

Materiality qualifiers, knowledge qualifiers, indemnity caps and survival periods — how they work in practice.

Secretarial Audit: Who Needs One and What Happens If You Don't Comply

Many companies do not know they are required to conduct a secretarial audit. The penalties for non-compliance are significant.

CSR Obligations Under Section 135: Common Defaults and How to Avoid Them

The 2021 amendments made unspent CSR funds subject to mandatory transfer. Non-compliance now carries criminal liability.

Independent Directors in India: Appointment, Liability and the MCA's Evolving Expectations

The personal liability of independent directors has become a real concern. What good practice looks like.

Earnouts in Indian M&A: Structure, Enforceability and Disputes

After completion, the buyer controls the business. How sellers protect themselves from earnout manipulation.

SEBI's Angel Fund Regulations: What Early-Stage Investors Need to Know

The angel fund framework under the AIF Regulations and what it means for investors and startups.

The Carriage of Goods by Sea Bill 2025: What Has Changed from the 1925 Act

India's century-old framework for sea carriage has been replaced. What shippers, carriers and cargo interests need to know.

The Coastal Shipping Act 2025: What It Means for Indian Vessels and Foreign Operators

A standalone Act replacing the old cabotage provisions. Simplified licensing for Indian vessels, new penalties for foreign operators.

Ship Arrest in India Under the Admiralty Act 2017: A Step-by-Step Guide

What maritime claims qualify, which courts have jurisdiction, how to obtain a warrant of arrest, and what happens next.

Demurrage and Detention Disputes in India: What Shippers and Carriers Need to Know

These charges accumulate fast and are frequently disputed. Understanding your obligations and your defences.

Cargo Damage Claims in India: Who Is Liable and How to Claim

From commissioning a survey to preserving the claim within the one-year limitation period. A practical guide for cargo interests.

Bills of Lading as Documents of Title: Rights of Third Party Holders Under Indian Law

How bills of lading work in trade finance, and what rights a third party holder has against the carrier under the new 2025 framework.

Freight Forwarder Liability in India: Where Does It Begin and End

Whether a forwarder acts as agent or principal changes everything about their liability when cargo goes wrong.

Time Charter vs. Voyage Charter: Legal Differences and Dispute Patterns in India

The two forms of charter party operate on fundamentally different commercial and legal bases. The disputes that arise from each are very different.

Marine Cargo Insurance in India: Common Claim Rejection Grounds and How to Counter Them

Inherent vice, inadequate packaging, delay — the most common grounds insurers use to reject cargo claims and how to avoid them.

Ship Recycling in India: Legal Framework at Alang and Compliance Requirements

The Hong Kong Convention is now in force. What shipowners selling vessels for recycling at Alang need to comply with.

Seafarer Rights and Wage Claims Under Indian Law

Maritime liens for unpaid wages, repatriation rights, the MLC framework, and how seafarers can enforce their rights in India.

Sister Ship Arrest in India: When Can You Arrest a Vessel Other Than the Defaulting Ship

When the original vessel has sailed or been sold, beneficial ownership of another vessel gives you an alternative route to security.

Limitation of Liability for Shipowners Under the Merchant Shipping Act

Shipowners can cap their liability to a fixed amount regardless of actual loss. How the framework works and when limitation can be broken.

Enforcement of Foreign Arbitral Awards in Indian Maritime Disputes

Most maritime arbitrations are seated in London or Singapore. Enforcing the award against an Indian party is a separate process.

The Strait of Hormuz Disruptions: Legal Implications for Indian Shipping Contracts

War risk clauses, force majeure, insurance cover — what the ongoing disruptions mean for Indian shipping companies and cargo owners.

The Merchant Shipping Bill 2025: Key Changes for Shipowners and Operators

The replacement of the 1958 Act brings India's shipping framework in line with current IMO conventions and modern environmental standards.

P&I Club Cover and Indian Litigation: What Shipowners Need to Understand

How P&I Club letters of undertaking work in Indian arrest proceedings, what defence cover provides, and how the claims process operates.

Off-Hire Disputes Under Time Charters: How Indian Courts Approach Them

What triggers off-hire, what does not, and why the precise language of the off-hire clause determines everything.

The Bills of Lading Act 2025: Modernising India's Documentary Framework

Replacing legislation from 1856. What changes for third party rights, electronic bills and trade finance in Indian shipping.

Wrongful Arrest of Vessels in India: Liability and Remedies

An arrest that fails does not automatically mean wrongful arrest. What bad faith means, what damages are available and how shipowners can protect themselves.

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As per the Bar Council of India Rules, LawCite Advocates is not permitted to solicit work or advertise. This website is for informational purposes only and does not constitute legal advice.