From Board Room to Court Room: Lessons from Tata-Mistry Ruling

Tuesday, April 27, 2021

Session: 02:00 PM – 03:00 PM (IST)

 

INTRODUCTION

 

Nishith Desai Associates invites you to join us for a stimulating discussion on the implications of Supreme Court’s judgment in the Tata-Mistry dispute. The session will touch upon the findings of the Supreme Court and the implications that these findings will have on Board room discussions going forward.

Corporate governance in India is continuously evolving with the increasing sophistication of the markets, promoters and the investors. The Supreme Court’s observations regarding the conduct of majority shareholders, the presence of affirmative vote matters in the articles of association, and role of the board and nominee directors present significant insights into the judicial thinking in respect of key corporate governance issues in India. Join our experts live for a session on the above issues and more.

Focus Area

The webinar will focus on important aspects such as:

  • Sequence of events from October 2016 to March 2021

  • NCLT v/s NCLAT Ruling

  • Supreme Court’s interpretation of oppression and mismanagement

  • Business Judgement Rule!

  • Validity of Affirmative Voting Rights

  • How to validly remove directors from the Board?

  • Fiduciary duty of nominee director vis-a-vis Company or Shareholder nominating such director

  • Does a Shareholder have any role to play in Board matters?

Flow of the session

02:00 PM - 02:50 PM (IST)

Panel Discussion

02:50 PM - 03:00 PM (IST)

Q&A

Speakers

VYAPAK DESAI

Head, International Dispute Resolution & Investigations Practice

Nishith Desai Associates

Vyapak Desai leads the International Dispute Resolution & Investigations practice at Nishith Desai Associates. Vyapak is also a Senior Attorney in the Corporate and Securities Practice group at the firm. Vyapak is a Co-chair- Council of MCIA, Director of CIArb India Branch. He is listed on SIAC Panel of Arbitrators, LCIA Database of Arbitrators and BVI IAC Panel of Arbitrators.

NISHCHAL JOSHIPURA

Head – Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Nishchal Joshipura co-leads the Corporate practice at Nishith Desai Associates. Nishchal is a lawyer, Chartered Accountant and MBA. He has led several high profile M&A and Private Equity deals and set up multiple offshore and domestic India focussed funds. He specializes in legal and tax structuring of complex cross-border transactions. He also specialises in SPACs and Control transactions.

He also advises major MNCs on Corporate & Securities laws, International Taxation, Globalization, Structuring of Inbound/ Outbound Investments and Exchange Control Laws. He has been “Highly Recommended” by various legal directories for legal and tax advice on M&A, Private Equity and Investment Funds.

He was nominated as a “Young Achiever” at the Legal Era Awards 2015 based on industry research, reviews, rating and surveys conducted by Legal Era

PAYEL CHATTERJEE

Leader, International Dispute Resolution & Investigations Practice

Nishith Desai Associates

Payel is a Leader with the firm’s International Dispute Resolution and Investigations Practice and also takes care of the European Practice. She focusses on International Commercial Arbitration and White-Collar Crimes and Investigations. She also focusses anti-trust and consumer litigation. She has been involved in representing international clients especially private equity investors, funds, multi-nationals in complex cross-border disputes, commercial arbitration as well as regulatory and commercial litigation. She is recently appointed as the Asia Pacific Regional Liaison Officer in the IBA Business Crime Committee and also part of the ICC Task Force addressing issues in Corruption in International Arbitration.

SUPRATIM GUHA

Leader, Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Supratim is a senior member of the firm’s corporate practice. He has experience in cross-border corporate transactions and has advised acquirers and private equity funds in their investments into India. He focusses on corporate governance matters in India.