Areas of Practice

While a globalised economy has expanded the scope of engaging in business and enhancing profitability, the complexities involved in doing business has also kept pace with the growth. Almost all dimensions of a corporate engaging in business activities are now subject to a host of regulations and missteps can prove costly in terms of money and time.

It is hence important to structure business plans and strategies along relevant regulations in order to ensure smooth and effective accomplishment of the plans conceived.

Maclegal has the experience and expertise to help you along the way, formulating, planning and implementing your business models in such manner that you stay safe from unforeseen regulatory stumbling blocks as you roll out your business plans.

Maclegal is also well positioned to guide you in your transactional goals while engaged in commercial activities, be it negotiation and preparation of high value contracts with your customers or drawing out a highly technical shipping or mining contract.

Arbitration is increasingly becoming the favoured form of commercial dispute resolution, especially among corporates in a global business environment. This is on account of some well known advantages Arbitration enjoys over traditional form of litigation in the ordinary courts, some of which are swifter resolution of disputes, both the proceedings as well as the “Award” that follows are in general non-public and are capable of being made confidential depending on the choice of parties to do so. Further, the language as well as the venue could be as determined by the parties, as also the choice of Arbitrator/s. Yet another advantage is the ease of enforceability across various jurisdictions as also the very narrow and limited scope of time consuming appeals from the Arbitral Awards.

Although Arbitration offers very many advantages as aforesaid, it does involve certain risk factors. Arbitration agreements and clauses thereof shall have to be very carefully evaluated and drafted. So also, the proceedings must be meticulously conducted considering that the scope of appeal is almost non-existent or very limited. Since the parties thereto are deemed to have waived all regular avenues of recourse to the general law to seek reliefs, Arbitration outcomes are final and binding on the parties. As such, it is imperative that one remains alert and diligent from the point of considering subjecting oneself to Arbitration through formulating the agreement and its terms and all through the process of conduct of the proceedings.

Maclegal is well positioned to aid, advise and develop Arbitration Agreements and assist with conduct of Arbitration proceedings in a variety of jurisdictional settings given years of experience and expertise in alternate dispute resolution mechanisms.

A sharp rise in commercial activities and a proportionate growth of complexity in the manner of doing business have led to increased risk of finding oneself inadvertently on the wrong side of the law. No less a contributory factor is the vastly more stringent and pervasive scrutiny of business activities. This complex scenario necessitates proactive steps to avoid falling foul of the law, as also, to defend oneself effectively in the face of prosecution or potential prosecution for violations.

Maclegal offers guidance and assistance navigating regulatory aspects of commercial activities aimed at being legally compliant to pre-empt situations where one might expose oneself to prosecution, and in cases where one is exposed, to effectively defend oneself with all means available in substantive and procedural laws.

Antitrust, more familiar in Indian jurisdiction as Competition law is a relatively new area of law compared to other laws. However, in the short period since the law started gaining significance, it has grown in volume and complexity. It has also grown a significantly large footprint with well over a hundred nations having well developed body of law governing competition.

Being a law applicable to commercial activity, it is regulation intensive and navigating the regulatory processes and staying safe from challenges for violations can sometimes be a daunting process. Competition law has grown to become one of the most significant considerations that run through the entire lifecycle of businesses and investments, beginning with decisions making process for a new venture or investment. Infractions can be costly, and oftentimes the consequences could be irreversible.

It is this nature of significance and complexity of this law that makes the assistance of a specialist valuable. “We undertake preparation of horizontal and vertical agreements and help strategize for proceedings before various regulatory authorities and courts with respect to the same.

In recent decades, environment consciousness has grown exponentially considering the human footprint left on the environment in its pursuit of growth and progress. Climate control, energy exploitation, pollution, social responsibility, especially that of corporates in the matter of environment are matters that are foremost in the minds of both the public and policy makers. Most jurisdictions have stringent environmental law that seeks to regulate every action that might have an impact on the environment in one way or the other.

Good awareness of environmental laws and regulations in various jurisdictions is indispensable in conducting corporate businesses and operations that are not in violation of the applicable laws.

Maclegal possesses expertise in assisting clients with ensuring adherence to environmental law and regulations, damage containment and defending actions for alleged violations.