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Kochhar & Co.

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Travel to India during COVID-19

This article has been updated based on the available information until 20th February 2021. As Government notifications are constantly revised, it is advisable to consult your attorney or visit the website of the relevant Government agency prior to travelling. Further, in additional to the guidelines published by the Central Government, passengers are also requested to refer to State specific official websites to be well informed about any additional requirements...

India Attempts to Thwart Import of Chinese Goods Under FTAs

Introduction The balance of trade between India and China continues to be heavily tilted in favour of China. Trade remedies such as anti-dumping and countervailing duties have been used frequently by India to curtail import of Chinese goods. To overcome such barriers, India has long suspected that China has been routing its goods through the ASEAN countries by misusing the Free Trade Agreements (‘FTA’). The strategy deployed is that intermediates are exported from China into these countries, and after undergoing minimal processing, are then exported to India under the relevant FTAs...

US-India Partnership in the Defence Sector Under the Atmanirbhar Bharat (Self-Reliant and a Resilient India)

Background and about Atmanirbhar Bharat The idea of Atmanirbhar Bharat,or self-reliance, was at the heart of the Hon’ble Prime Ministerof India, Shri Narendra Modi’s address to the nation on 12May 2020 when he announced an economic package towards building aAtmanirbhar Bharat, or a self-reliant, resilient India. It is basically a re-enforcement of ‘Make in India’ concept with more benefits for encouraging private participation in various sectors, escalating Foreign Direct Investment in the defence sector and many more...

COVID-19 – A Force Majeure Event or Simply a Pandemic?

Introduction What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it. Though that is not true when it comes to novel coronavirus (“COVID-19”), the outbreak of which has been globally reported, COVID-19 has caused worldwide unprecedented disruptions to business operations; and the commercial turmoil continues. As the last several months have witnessed, the pandemic has severely impacted the ability of companies around the globe to maintain steady operations and perform their respective contractual obligations...

Contracts and Force Majeure During a Pandemic (IBLJ)

Contracts and force majeure during a pandemic was published recently in the Indian Business Law Journal authored by Chandrasekhar Tampi, senior partner and Ankur Khandelwal, partner, Kochhar & Co. Overview- The spread of COVID-19 has raised multiple questions with respect to performance of commercial contracts, across the globe. While some contracts have witnessed the erosion of their foundation, others have been rendered difficult, even possible, to be performed...
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