Business Standard

Legal challenges and implications of the Tata-Docomo case

The twists and turns in the Tata-Docomo case have raised questions over the enforceability of international arbitration award in India

Sandeep Parekh & Tejas Karia  |  New Delhi 

Courts might hold guaranteed return of capital clause invalid By Sandeep Parekh The Tata-Docomo deal poses one of the most interesting conundrums from a legal perspective. This piece is based on the broad contours of arguments that are in the public domain. Broadly, the issue is that the Tata group and NTT Docomo entered into an agreement where Docomo invested in Tata’s telecom business. The agreement was signed with a clause guaranteeing at least 50 per cent return of (rather than on) capital in case the company did not do well. While ordinarily, contracts are ...

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Legal challenges and implications of the Tata-Docomo case

The twists and turns in the Tata-Docomo case have raised questions over the enforceability of international arbitration award in India

The twists and turns in the Tata-Docomo case have raised questions over the enforceability of international arbitration award in India Courts might hold guaranteed return of capital clause invalid By Sandeep Parekh The Tata-Docomo deal poses one of the most interesting conundrums from a legal perspective. This piece is based on the broad contours of arguments that are in the public domain. Broadly, the issue is that the Tata group and NTT Docomo entered into an agreement where Docomo invested in Tata’s telecom business. The agreement was signed with a clause guaranteeing at least 50 per cent return of (rather than on) capital in case the company did not do well. While ordinarily, contracts are ... image
Business Standard
177 22

Legal challenges and implications of the Tata-Docomo case

The twists and turns in the Tata-Docomo case have raised questions over the enforceability of international arbitration award in India

Courts might hold guaranteed return of capital clause invalid By Sandeep Parekh The Tata-Docomo deal poses one of the most interesting conundrums from a legal perspective. This piece is based on the broad contours of arguments that are in the public domain. Broadly, the issue is that the Tata group and NTT Docomo entered into an agreement where Docomo invested in Tata’s telecom business. The agreement was signed with a clause guaranteeing at least 50 per cent return of (rather than on) capital in case the company did not do well. While ordinarily, contracts are ...

image
Business Standard
177 22