Afsharipour, Afra --- "Legal transplants in the law of the deal: M & A agreements in India" [2016] ELECD 1222; in Hill, A. Claire; Davidoff Solomon, Steven (eds), "Research Handbook on Mergers and Acquisitions" (Edward Elgar Publishing, 2016) 445

Book Title: Research Handbook on Mergers and Acquisitions

Editor(s): Hill, A. Claire; Davidoff Solomon, Steven

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784711474

Section: Chapter 21

Section Title: Legal transplants in the law of the deal: M & A agreements in India

Author(s): Afsharipour, Afra

Number of pages: 20

Abstract/Description:

This chapter reviews the transformation of merger and acquisition (M & A) transactions in India. Due to globalization and economic liberalization, India has experienced a significant wave of cross-border M & A deals. The explosion of cross-border M & A transactions has affected the makeup of the legal profession in India, as well as the norms and practices of transactional lawyers in India. The practice of Indian corporate law firms, including the way Indian lawyers document M & A transactions, now often resembles those of US firms in the negotiation and drafting of acquisition agreements. This chapter identifies the salient features of Indian M & A deal-making and contracting that have become increasingly influenced by US-style M & A transactions. This chapter uses representations and warranties provisions, indemnification provisions and earn-out arrangements to illustrate transplants in the law of the deal.