# RFKN Legal > Your Transnational Lawyers ## Posts - [BRICS Summit and India’s Investor Readiness](https://rfkn.legal/blog/brics-summit-and-indias-investor-readiness/): The 18th BRICS Summit met in New Delhi on September 12 and 13, closing out India’s fourth chairmanship of the bloc. Close to 350 meetings across 30 Indian cities preceded it. The New Delhi Declaration that emerged from the Summit included a New Investment Platform, a BRICS Risk Lab at GIFT City, credit-assessment frameworks for exporting MSMEs, an invoice-discounting mechanism, joint customs enforcement, and a submarine cable network linking member economies. Even though a declaration of this kind does not automatically translate into binding law, it is important to understand that the legal framework for most of these measures that... - [German-Indian Judicial Cooperation](https://rfkn.legal/blog/german-indian-judicial-cooperation/): Deutsch-indische Justizzusammenarbeit: Für mehr Rechtssicherheit im grenzüberschreitenden Geschäftsverkehr Am 26. August 2026 traf Indiens Chief Justice, der Honourable Mr. Surya Kant, in Karlsruhe den Vorsitzenden Richter des Bundesgerichtshofs, Dr. Ulrich Herrmann. Bei dem Treffen ging es unter anderem um den ethisch verantwortungsvollen Einsatz künstlicher Intelligenz (KI) in der Rechtspflege, die Möglichkeiten der grenzüberschreitenden Mediation und die Frage, wie die Zusammenarbeit zwischen den beiden Justizsystemen weiter vertieft werden kann. Die Richter sprachen außerdem über mögliche gemeinsame Aktivitäten, darunter gegenseitige richterliche Besuche, gemeinsame Workshops und die Beobachtung von Gerichtsverfahren. Auch ein Austausch von Mitarbeitenden aus den Geschäftsstellen und technischen Teams wurde erörtert.... - [Transtonnelstroy Afcons JV v Oriental Insurance: Arbitration & Contract Interpretation](https://rfkn.legal/blog/transtonnelstroy-afcons-jv-v-oriental-insurance/): Mind the Gap: Pre-contractual negotiations and the limits of arbitral contract interpretation in Transtonnelstroy Afcons JV Chennai Metro Ltd v. Oriental Insurance Co Ltd.   The decisions of the Delhi High court in Transtonnelstroy Afcons JV Chennai Metro Ltd v. Oriental Insurance Co Ltd concerns the extent to which an arbitral tribunal may rely on pre-contractual material when construing an executed insurance policy. The question arose in relation to a ₹1 crore deduction from an insurance claim. The Court held that the negotiation history could not be used to supply a term which was absent from the policy, particularly where... - [Art Without Borders: Customs Treatment of Contemporary Installations](https://rfkn.legal/blog/customs-treatment-contemporary-installations/): Introduction Art is always on the move. It goes from one country to another for art shows and exhibitions. The management of the movement of art has therefore to be considered from perspectives or knowledge, creativity and the benefits to the whole human race. Therefore, the right thing to do is to ensure borders do not restrain an artwork but serve to add to its story. In this context it is important to let art enter a country without paying duty long as it can be identified, and has arrived via legal means, especially if it is meant for public... - [New Balance v. Astormueller: Prior User Rights, Trade Marks, and Equity](https://rfkn.legal/blog/new-balance-v-astormueller-prior-user-rights-trademarks/): The Intersection of Prior User Rights, Single-Letter Trade Marks, and Equity: Lessons from New Balance v. Astormueller In an increasingly globalised marketplace, the territorial enforcement of intellectual property rights frequently emerges as a battleground for international companies. A brand’s visual identity (often refined into a minimalist, single-letter motif) can command vast commercial value while inviting complex legal conflicts. In this case a foreign brand with decades of worldwide prior use encountered a locally registered, deceptively similar mark, bringing up questions of statutory protections and equitable remedies. The Delhi High Court’s recent decision in New Balance Athletics Inc. v. Astormueller AG... - [The Arbitration Legacy of LIV Golf: How Modern Sports Governance is Reshaping Professional Golf](https://rfkn.legal/blog/arbitration-legacy-liv-golf-modern-sports-governance/): An exciting day of golf brought to mind the challenges on and off the course The Arbitration Legacy of LIV Golf: How Modern Sports Governance is Reshaping Professional Golf When Jon Rahm reached an agreement with the DP World Tour in 2026 to resolve the outstanding disciplinary issues connected with his participation in LIV Golf events, much of the public commentary focused upon the sporting consequences of the settlement. Discussion centred upon Ryder Cup eligibility, the continuing relationship between LIV Golf and the established tours, and the commercial implications for professional golf. The settlement, however, also demonstrated the continuing influence... - [India's Response to Cross-Border Child Removal](https://rfkn.legal/blog/indias-response-to-cross-border-child-removal/): When a marriage between parents of different nationalities breaks down, the fallout rarely stays confined to the couple – children are inevitably impacted. Increasingly, it plays out across borders with one parent removing a child from the country of habitual residence unilaterally, i.e., without the knowledge or consent of the other parent. This is internationally termed ‘parental child abduction’ and raises complex questions about jurisdiction, enforcement of foreign orders, and above all, the welfare of the child caught in the middle. In India, this is not recognized as an offence; thus, we will use the term ‘unilateral parental child removal’.... - [INDIA’S CROSS-BORDER INSOLVENCY REFORM - A DISTANT DREAM?](https://rfkn.legal/blog/india-cross-border-insolvency-reform/): In 2024, the once promising start-up Bjyu’s, owned by Think and Learn Private Limited and valued at $22 billion, entered into a phase of insolvency after a default of Rupees 159 crores owed to the Board of Control for Cricket in India (“BCCI”). The admission of the insolvency proceedings before the National Company Law Tribunal (“NCLT”) threw into the limelight a pertinent problem: what happens to a foreign creditor in such cases? GLAS Trust Company, a US-based collateral agent, was a creditor of $1.2 billion. GLAS Trust pursued enforcement both in Delaware and India on the assets of the company.... - [What Happens at the Seat, Stays at the Seat? Nagaraj and Transnational Issue Estoppel under the New York Convention](https://rfkn.legal/blog/nagaraj-transnational-issue-estoppel-new-york-convention/): The Supreme Court’s decision in Nagaraj V. Mylandla v. PI Opportunities Fund-I is the clearest judgment of the Supreme Court of India recognising and applying the doctrine of transnational issue estoppel in proceedings for the enforcement of a foreign arbitral award. Its significance, however, extends beyond the formal recognition of the doctrine. The decision reinforces the institutional allocation of authority between the supervisory court at the seat and the enforcement court under the New York Convention. By recognising transnational issue estoppel in this context, the Supreme Court reinforces its increasingly pro-enforcement approach, namely that proceedings under Section 48 of the Arbitration and... - [Clear Passages: Navigating the India-UK Determination of Origin Rules](https://rfkn.legal/blog/india-uk-determination-of-origin-rules/): The management of international supply chains requires regulatory predictability and administrative clarity. When cross-border trading involves complex manufacturing networks, corporations must navigate the specific criteria that govern preferential trade treatments. The publication of the Customs Tariff (Determination of Origin of Goods under Comprehensive Economic and Trade Agreement between India and the United Kingdom) Rules establishes the operational blueprint for commercial exchanges between the two nations. These rules provide a transparent legal framework designed to minimize border friction, accelerate customs clearance, and eliminate operational ambiguity. A primary objective of this regulatory architecture is to simplify compliance by utilizing standardized international conventions.... - [The DDT Debate: Did Bombay High Court Misread the Intent?](https://rfkn.legal/blog/the-ddt-debate-did-bombay-high-court-misread-the-intent/): The recent reference of the Division Bench Bombay High Court in the case of Foseco India Limited v. Assistant Commissioner of Income Tax Circle (1), Pune[1] for the constitution of a larger bench has reignited a debate on the true nature of India’s Dividend Distribution Tax (DDT) under Section 115-O between 1997 and 2020. The appellant in this case is an Indian company with foreign shareholders. It decided in the financial year 2013-14 to pay dividends to its shareholders. The dividends that it declared to its foreign shareholders amounted to INR 7,66,30,021. Under section 115-O, the appellant was obligated to... - [Corporate  Laws Amendment Bill: Are CSR Obligations Diluted?](https://rfkn.legal/blog/corporate-laws-amendment-bill-csr-obligations-diluted/): The recent Corporate Laws (Amendment) Bill, 2026, tabled in the Lok Sabha in March 2026, proposes major overhauls to the Companies Act, 2013, and Limited Liability Partnership Act, 2008. With the objective of enabling ease of doing business in India, this amendment intends to simplify compliance mechanisms, strengthen the governance framework, and relax the nature of penalties for non-compliance. One important change introduced is the relaxation of Corporate Social Responsibility (“CSR”) norms. The Government has hailed relaxation as a necessary change to shift from a model of mandatory CSR to voluntary activities, to incentivise companies. The proposal emerges with the... - [Reassessing the Thresholds of Section 147: Tangible Material, "Change of Opinion," and the True Character of Revenue-Sharing in Joint Ventures](https://rfkn.legal/blog/reassessing-section-147-tangible-material-change-of-opinion-revenue-sharing-joint-ventures/): In a definitive ruling that tightens the procedural and substantive boundaries of Indian tax law, the Supreme Court of India in Sanand Properties P. Ltd. v. Jt. Commr. of I.T. has recalibrated the jurisdictional triggers for reopening scrutiny assessments under Section 147 of the Income Tax Act. Stripping away the protective shield of chosen commercial nomenclature, the Court established a dual ratio: procedurally, a “change of opinion” cannot be pleaded by an assessee where the Assessing Officer completely failed to apply his mind or form an initial opinion on a specific transaction during original proceedings; substantively, an upfront allocation of... - [Piercing the Corporate Veil under the IBC: Analyzing the Supreme Court’s Ruling in Alpha Corp v. GNIDA](https://rfkn.legal/blog/piercing-corporate-veil-ibc-alpha-corp-v-gnida-supreme-court-ruling/): The judgment of the Supreme Court of India in Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority (GNIDA) & Ors. (2026 INSC 449) marks an extraordinary chapter in the evolution of the Insolvency and Bankruptcy Code, 2016 (IBC). The court has established that the corporate veil can be pierced during Corporate Insolvency Resolution Process (CIRP) proceedings to include the leasehold land assets of closely integrated subsidiary companies within the resolution estate of the holding company. This is permissible in cases where the entities operate as a single, inextricably connected economic unit. Historically, Indian insolvency courts have strictly protected the... - [AI, Authorship, and Administrative Delay:The Delhi High Court’s Nudge in Thaler v. Union of India](https://rfkn.legal/blog/ai-authorship-india-thaler-union-of-india-delhi-high-court-ruling/): The recent order of the Delhi High Court in Stephen Thaler v. Union of India to expeditiously decide on an application filed by Stephen Thaler seeking copyright registration for ‘A Recent Entrance to Paradise,’ an artwork generated by his AI system, DABUS. While it does resolve the substantive question of whether artificial intelligence can generate copyrightable works, to treat it as a routine procedural direction would be to miss its larger significance. By directing the Copyright Office to decide a long-pending application within eight weeks, the Court has effectively foregrounded a pressing doctrinal gap in Indian copyright law. Justice Tushar... - [The Dispute Over the Gelman Collection: The Nationality of Art, Heritage, and Cultural Preservation](https://rfkn.legal/blog/gelman-collection-dispute-art-heritage/): The current tension between Mexico and Spain regarding the “home” of the Gelman Santander Collection is not a traditional diplomatic crisis between two governments, but rather a dispute over ownership, possession, cultural sovereignty, and nationality.   Specifically, the issue concerns 160 works from what is now known as the Gelman Santander Collection, which are to be managed by the Fundación Banco Santander and are currently on exhibition in Mexico. The works are then scheduled to move in autumn, to Spain, to their new home, the Faro Santander Museum. This museum is to house the Santander Bank’s art collection as a... - [No Implied Waiver of State Immunity from Treaty Ratification, Australian High Court Rules](https://rfkn.legal/blog/no-waiver-state-immunity-new-york-convention-australia/): The High Court of Australia in CCDM Holdings LLC v. Republic of India [2026] HCA 9 has ruled on whether a State waives its immunity from suit by ratifying the New York Convention. The Court held that it does not. Ratification of the New York Convention does not, by itself, amount to a waiver of foreign State immunity. The Court held that any such waiver must be express or clearly implied, and that the Convention contains no clear indication of such an intention. The decision is consistent with the recent position taken in England in CC/Devas v. Republic of India... - [The Threshold of Consent to Arbitrate: Analysing MSEDCL v. R.Z. Malpani](https://rfkn.legal/blog/the-threshold-of-consent-to-arbitrate-analysing-msedcl-v-r-z-malpani/): In Indian arbitration law, the tension between judicial non-interference and the sanctity of party consent remains a focal point. On April 9, 2026, the Supreme Court of India, in Maharashtra State Electricity Distribution Company Limited (MSEDCL) & Ors. v. R Z Malpani, delivered a judgment reinforcing the principle that a general reference to tender documents in a Letter of Intent (LOI) does not automatically incorporate an arbitration clause. This decision serves as a reminder of the first principles of arbitration law, that arbitration is a creature of contract, and its existence cannot be inferred from a “promise to make a promise”.... - [Navigating the "Arising Out Of" Trap: Narrow Forum Selection Rejected in the US](https://rfkn.legal/blog/navigating-the-arising-out-of-trap-narrow-forum-selection-rejected-in-the-us/): In the ever-evolving domain of global technology licensing, the case of VMware LLC v. Siemens AG, et al., C.A. No. 25-353-RGA-LDH (D. Del. Feb. 10, 2026), provides an analysis of how forum selection clauses interact with statutory intellectual property claims. This dispute, centred on allegations of widespread software over-deployment and copyright infringement, highlights the balance between contractual obligations and statutory protections in private international law (PrIL).  As corporations increasingly operate across borders, the precision with which they draft jurisdictional agreements becomes paramount, as a single phrase can determine whether a dispute is adjudicated in a domestic court or a distant foreign forum. Introduction... - [Textiles under the India–EU FTA: What It Means for Indian and European Companies](https://rfkn.legal/blog/textiles-under-the-india-eu-fta-what-it-means-for-indian-and-european-companies/): THE RFKN INDIA-EU FTA SERIES   Among the many sectors covered by the India–European Union Free Trade Agreement (FTA), textiles and apparel stand out for a simple reason: tariffs, more than any other factor, have long shaped how this trade flowed. The FTA removes most of those tariffs. The consequences are likely to be felt on both sides of the supply chain, by Indian manufacturers and by European brands, retailers, and importers who depend on global sourcing.   Relevant Laws     Benefits For Indian Companies   Until now, Indian textile and apparel exports entering the EU faced import duties... - [The "Mother of All Deals": Navigating the New India-EU FTA for European Business Success with a Special Focus on Automotive Parts](https://rfkn.legal/blog/the-mother-of-all-deals-navigating-the-new-india-eu-fta-for-european-business-success-with-a-special-focus-on-automotive-parts/): The global automotive landscape has just witnessed a seismic shift. On January 27, 2026, the formal announcement of the India-European Union Free Trade Agreement (FTA) effectively dismantled the long-standing “Fortress India” reputation of the world’s third-largest automotive market. For European automotive parts manufacturers—particularly the sophisticated German “Mittelstand”—the status quo of prohibitive 70% to 110% tariffs is officially over. We are entering an era where 97.5% of traded value will see duties vanish, fundamentally restructuring how industrial components move from the Rhine to the Ganges.   With bilateral trade in goods already reaching €120 billion in 2024 and services trade surging toward €60 billion,... - [Judicial Restraint and the Permanent Establishment Threshold: Analyzing the SAIC Motor Ruling](https://rfkn.legal/blog/judicial-restraint-and-the-permanent-establishment-threshold-analyzing-the-saic-motor-ruling/): In the complex arena of international taxation, the determination of a Permanent Establishment (PE) remains one of the most litigated subjects, particularly concerning multinational enterprises operating through Indian subsidiaries. The recent decision by the Income Tax Appellate Tribunal (ITAT) Delhi Bench in SAIC Motor Corporation Ltd. vs. Assistant Commissioner of Income Tax (ITA No.1191/Del/2025) offers a profound analysis of the threshold required to establish both a Supervisory and a Fixed Place PE. The case centered on the tax residency of SAIC Motor Corporation, a Chinese entity, and its relationship with its Indian subsidiary, MG Motor India Private Limited (MGMIPL). The... - [AI-Generated Art and Indian Copyright Law: A Legal Vacuum?](https://rfkn.legal/blog/rfkn-legal-ai-generated-art-and-indian-copyright-law/): -Sheeba Masoodi The advent of AI has globally taken the art industry by storm. It has raised concerns surrounding IPR. This has led to unease around possibilities of AI using copyrighted works without authorization. The copyright laws in India are governed by The Copyright Act of 1957. The limited scope of Indian copyright laws has been slightly widened by the 1994 amendment, which recognised computer generated artworks as copyrightable. However, questions around authorship and rights arising thereof remain under ambiguity. This scenario has highlighted a lacunae in the Indian copyright system. - [Indian Tribunal Rejects Revenue’s Argument that Subscription Fees is a Fee for Technical Service: Reopens Discussion of India’s Outdated Tax Treaties](https://rfkn.legal/blog/indias-outdated-tax-treaties/): -Sahibnoor Singh Sidhu A recent order of the ITAT refocusses attention to the need for India to update its tax treaties and ensure that income from the digital economy is more equitably taxable in countries of residence and source. The case also highlights the problems with the way the revenue department responds to important judgments of appellate courts and how it pleads cases before tribunals. - [The Interplay between Section 17 and Section 9 of Arbitration & Conciliation Act, 1996](https://rfkn.legal/blog/the-interplay-between-section-17-and-section-9-of-arbitration-conciliation-act-1996/): -Uddhav Tandon This paper examines the interplay between these two Sections, analysing their scopes, overlaps and procedural distinctions Section 9 allows parties to approach the judiciary for interim relief, thus ensuring the preservation of rights and status quo until arbitration concludes. Section 17, by entrusting tribunals with similar powers, seeks to streamline the arbitration process by reducing dependence on courts. - [The Interplay Between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899; A Harmonious Construction of Law by the Hon’ble Supreme Court of India](https://rfkn.legal/blog/rfkn-legal-arbitration-and-conciliation-act/): -Niyas Valiyathodi The interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 has been a subject of legal ambiguity, particularly regarding the enforceability of arbitration agreements in unstamped or insufficiently stamped contracts. The Supreme Court's recent decision in In Re: Interplay Between Arbitration Agreements under the Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 has provided clarity by harmonizing these statutes. The Court ruled that non-stamping does not render arbitration agreements void ab initio but only inadmissible as evidence until stamp duty is cured, ensuring such defects are curable under law. - [A Brief Note On Kenyan Disputes Resolutions](https://rfkn.legal/blog/a-brief-note-on-kenyan-dispute-resolution/): -Abdul Agonga Foreign judgements and arbitral awards are enforced in Kenya, when these orders have been filed in the court system of Kenya and the same are adopted. - [Erosion of Tax sovereignty - India's Challenges at the WTO](https://rfkn.legal/blog/indias-challenges-at-the-wto/): -Sheeba Masoodi Globalisation has resulted in an increased interdependence in the economies of countries worldwide. Such interdependence has left the smaller economies at the behest of leading powers at organisations such as the WTO, which were otherwise aimed at creating a level playing field. A clear global North-South divide renders LDCs and the South in general, at a disadvantage in any transactions that follow from WTO regimes. India has yet to establish a strong foothold as an emerging global power at the WTO, with the US currently slow-strangling the organisation. - [Working Riders: India – Germany ](https://rfkn.legal/blog/rfkn-legalworking-riders-india-germany/): -Dr. Nicolai B. Kemle The article examines the training, skills, working conditions and regulatory differences in the employment of Indian and German working riders. It discusses the potential for migration of Indian working riders to Germany through the 2003 Indo-German Migration Agreement and highlights their contributions to the equine industry in Germany - [State of Disability Justice and Institutional Mechanisms in India](https://rfkn.legal/blog/state-of-disability-justice-and-institutional-mechanisms-in-india/): -Arushi Singh The jurisprudence on disability in India, albeit recent, has charted an unusual course. The courts have increasingly resorted to judicial activism to interpret and reinterpret the laws, and have gone beyond the four corners of the legislations in the endeavour of delivering justice. With time, the discourse and narratives on disability coming from the corridors of the courts have noticeably evolved, with a willingness to embrace inclusion beyond the lens of mere charity and welfare. While the formulation of laws have guaranteed the establishment of institutions to help facilitate disability access and justice, the implementation and enforcement of the same falls short of expectations - [The law of the book and the law in action](https://rfkn.legal/blog/rfkn-legal-the-law-of-the-book-and-the-law-in-action/): -Arushi Singh, Aditi Prakash The Right of Persons with Disability Act (RPwD Act, 2016) was enacted in 2016 to give effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It repealed the earlier legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. India's disability law stands as a beacon of progress, embracing a broad and inclusive perspective on disability. It boldly places responsibilities on both public and private sectors, reflecting a commitment to equality. Yet, nearly eight years since its enactment, the law's promise remains largely unfulfilled, hindered by slow and uneven implementation. - [Top Legal Mistakes Businesses Should Avoid While Doing Business in India](https://rfkn.legal/blog/top-legal-mistakes-businesses-should-avoid-while-doing-business-in-india/): India presents vast opportunities for foreign businesses with its growing economy, young population, and increasingly globalized markets. However, entering or operating in the Indian business landscape without adequate legal preparation can expose businesses to costly setbacks. From compliance lapses to disputes over intellectual property, here are the top legal mistakes foreign companies should avoid — and how RFKN Legal can help you navigate India’s complex legal terrain. 1. Skipping Legal Due Diligence Many foreign investors make the mistake of entering joint ventures, acquisitions, or partnerships in India without comprehensive legal due diligence. This can lead to unexpected liabilities, disputes over... - [Just Rights for Children Alliance and Anr. v. Harish and Ors. and the discussion on Child Sexual Abuse](https://rfkn.legal/blog/rfkn-legal-child-sexual-abuse/): -Arushi Singh In a landmark judgment, the Supreme Court discusses the profound impact of child pornography and abuse on children. - [Empowering the visually impaired: The urgent need for braille-embossed pharmaceutical packaging in India](https://rfkn.legal/blog/empowering-the-visually-impaired-the-urgent-need-for-braille-embossed-pharmaceutical-packaging-in-india/): -Nazmeen Ahmed, Arushi Singh In India, writ petition has been filed in the case of Medhansh Soni v. Union of India (W.P. (C) 000516/2024) before Supreme Court where notice has been issued and issue regarding braille in medicines and other pharma products has been considered by the Surpeme Court. - [Landmark Judgments on Disability Rights in India](https://rfkn.legal/blog/landmark-judgments-on-disability-rights-in-india/): -Arushi Singh On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India. - [Jurisprudence on Bail in India: Glance through Bharatiya Nagarik Suraksha Sanhita, 2023](https://rfkn.legal/blog/jurisprudence-on-bail-in-india/): -Arushi Singh, Atul Nagarajan Bail is a complex area of law that strives to seek a balance between rights of the accused and interest of justice and completely based on the judicial discretion of the courts . The legal framework, along with judicial interpretations, have worked to establish guidelines for granting or denying bail. However, courts have also emphasized that no single factor or circumstance can solely determine whether bail should be granted or refused. Thus, the jurisprudence on bail has continued to evolve, reflecting changes in judicial perspectives. - [Thom Browne vs. Adidas: Four Stripes Are Not the Same as Three – Key Takeaways from the German Court’s Ruling](https://rfkn.legal/blog/rfkn-legal-thom-browne-vs-adidas/): -Leon Katona-Lukic In a recent legal dispute between the sportswear giant Adidas and fashion label Thom Browne, it became clear that not every stripe design on clothing constitutes a trademark infringement. Adidas filed a lawsuit. However, the Regional Court of Nuremberg-Fürth in Germany (Judgment of 06.09.2024, Case No. 4 HK O 8208/21) disagreed and dismissed the lawsuit. This case illustrates that the assessment of trademark infringement heavily depends on the specific circumstances, particularly the distinctiveness of the trademark and the level of attention of the target audience. - [Inter-country Adoption Vis-a-vis Intra-family Adoptions](https://rfkn.legal/blog/inter-country-adoption-vis-a-vis-intra-family-adoptions/): -K. Pallavi, Lavanya Regunathan Fischer CARA has formulated regulations in Chapter VIII of CARA Regulations 2022 with respect to adoptions as per Hindu Adoption and Maintenance Act. However, even in the revised process the PAPs have to go through the entire process of CARA and foreign agencies as set out in Hague. - [Power of Attorney in legal proceedings: Legal provisions ensuring foreign companies hold equal standing without physical presence](https://rfkn.legal/blog/power-of-attorney/): -Nazmeen Ahmed Foreign companies can now manage their legal affairs in India without the need for physical presence, owing to the authority conferred by the Power of Attorney (PoA). This legal instrument allows a foreign entity to appoint a representative in India, who can act on their behalf in legal proceedings, ensuring compliance with Indian laws. - [Note on ‘Mrinal Barik v. The State of West Bengal & Ors.](https://rfkn.legal/blog/note-on-mrinal-barik-v-the-state-of-west-bengal-ors/): -Disha Girish Daga Calcutta High Court directs 1% reservation for transgender persons in matters of public employment in West Bengal. - [Seema Girija Lal v. Union of India - Implementation and Enforcement of the Rights of Persons with Disabilities Act, 2016](https://rfkn.legal/blog/seema-girija-lal-v-union-of-india-implementation-and-enforcement-of-the-rights-of-persons-with-disabilities-act-2016/): -Arushi Singh Recently, while hearing the writ petition in the case of Seema Girija Lal v. Union of India, the Supreme Court expressed its displeasure over the dismal implementation of the Rights of Persons with Disabilities Act (RPwD), 2016. - [Legal Overview of the Kenyan Legal Landscape for Business](https://rfkn.legal/blog/legal-overview-of-the-kenyan-legal-landscape-for-business/): -Abdul Agonga Foreign judgements and arbitral awards are enforced in Kenya, when these orders have been filed in the court system of Kenya and the same are adopted. - [Corporate Sustainability Due Diligence Directive: Q&A](https://rfkn.legal/blog/corporate-sustainability-due-diligence-directive-qa/): - Leon Katona-Lukic The Corporate Sustainability Due Diligence Directive (CSDDD) is an EU directive requiring companies to manage supply chain impacts on human rights and the environment. It mandates due diligence on risks like occupational safety, slavery, climate protection, and biodiversity, targeting large companies with a phased implementation from 2027. The directive allows collective compliance, enhances stakeholder engagement, and streamlines reporting. - [Horse Racing in India: A Legal Primer](https://rfkn.legal/blog/note-on-equestrian-laws-in-india/): -Aditi Prakash This primer gives an overview of the relevant laws particular to horse racing, specifically it discusses race course licensing, gambling and animal welfare laws. - [Supreme Court lays down guidelines for the portrayal of Persons with Disabilities in films and visual media](https://rfkn.legal/blog/supreme-court-lays-down-guidelines-for-the-portrayal-of-persons-with-disabilities-in-films-and-visual-media-2/): -Arushi Singh In a landmark Judgment, the Supreme Court has laid down the guidelines for the creators to follow on the portrayal of persons with disabilities (PwD) in the visual media. - [Rights Of Persons With Disability In Private Sector](https://rfkn.legal/blog/rights-of-persons-with-disability-in-private-sector/): -Lavanya Regunathan Fischer The directive for the States to make provisions for securing the right to work for Persons with Disabilities (PwDs) is enshrined in Article 41 of the Constitution of India.In line with this, section 41 of the now repealed Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - [Transnational Law: A Burgeoning Jurisprudence In India](https://rfkn.legal/blog/transnational-law-a-burgeoning-jurisprudence-in-india/): -Aishwaryah M An increasingly globalised world necessitates strengthening the versatility of institutions and legal frameworks across the world in order to ensure that inter country transactions, relationships and conflicts are provided certainty with respect to their legal status. This article explores the significance of transnational law and the hurdles encountered in this process of expanding Indian jurisprudence on the subject. ## Pages - [Privacy Policy](https://rfkn.legal/privacy-policy/): Who we are Our website address is: https://rfkn.legal. More About Us Cookie Policy Effective date: November 29, 2025 Last updated: November 28, 2025   What are cookies? This Cookie Policy explains what cookies are, how we use them, the types of cookies we use (i.e., the information we collect using cookies and how that information is used), and how to manage your cookie settings. Cookies are small text files used to store small pieces of information. They are stored on your device when a website loads in your browser. These cookies help ensure that the website functions properly, enhance security,... - [Expert Guides](https://rfkn.legal/expert-guides/): The Sale of Goods Act and Private Int’l Law Permanent Establishment Special Purpose Vehicles Incorporation Of Subsidiary Companies In India Art as an Asset in International Family Disputes - [Energy and Sustainability](https://rfkn.legal/energy-and-sustainability-rfkn-legal/): At RFKN Legal, we advise clients navigating the global shift toward clean energy and sustainable business practices. Our cross-border team supports projects in renewables, natural gas, carbon capture, and transitional infrastructure—offering legal guidance from project development and finance to regulatory compliance and dispute resolution. We work with energy companies, investors, and governments across solar, wind, hydrogen, and hydroelectric sectors within India as well as globally. With deep industry insight and a global legal network, we help clients seize energy opportunities, manage risks, and align with international and domestic sustainability standards. For us, energy law isn’t just technical—it’s a strategic business... - [Cyber Law and Artificial Intelligence](https://rfkn.legal/cyber-law-and-artificial-intelligence-rfkn-legal/): Artificial Intelligence  is changing  the landscape of legal advise and and automating several processes that required focused Human intervention earlier. Cyber crimes remain one of the most challenging kinds of crimes to detect and the Information Technology Act 2000 is the existing law that deals with the law and enforcement  relating to Cybersecurity.  AI powered security tools could  play a revolutionary  role in identifying potential  cyber threats and study the pattern in cyber attacks substantially assisting law enforcement agencies.The convergence of cyber law and AI demands new legal frameworks that can address algorithmic accountability, automated decision-making transparency, and the unprecedented... - [Public Procurement](https://rfkn.legal/public-procurement-rfkn-legal/): At RFKN, we offer comprehensive legal advisory and representation in the field of public procurement, guiding clients through all stages of the tendering process. Our team advises government bodies, public sector undertakings, and private contractors on regulatory compliance, bid preparation, tender evaluation, contract negotiation, and dispute resolution. We provide strategic support in navigating procurement laws, including compliance with national frameworks such as the General Financial Rules (GFR), Public Procurement Policy, and sector-specific guidelines. For international bidders, we assist in understanding domestic procurement procedures and ensure adherence to local regulatory standards. We also advise on cross-border procurement issues, such as import... - [Money Laundering and Anti-Corruption Law](https://rfkn.legal/money-laundering-and-anti-corruption-law-rfkn-legal/): RFKN Legal advises corporations, financial institutions, and investors on navigating global anti-money laundering (AML) and anti-corruption laws. We help clients comply with regimes like the Prevention of Money Laundering Act 2002, Foreign Exchange Management Act 1999, Foreign Direct Investment Policy formulated by the Department for Promotion of Industry and Internal Trade, Companies Act 2013,  and Financial Action Task Force, protecting both operations and reputation. Our services include designing compliance frameworks, conducting internal investigations, and defending clients before domestic and international enforcement bodies. We support businesses in managing cross-border risks, aligning internal policies, and meeting obligations in high-risk jurisdictions. We also... - [Supply Chain Law](https://rfkn.legal/supply-chain-law-rfkn-legal/): RFKN Legal offers specialized expertise in supply chain law and supply chain due diligence, providing comprehensive legal support to businesses navigating increasingly complex regulatory landscapes. With a deep understanding of domestic and international compliance regimes—including ESG obligations, human rights standards, and environmental accountability—we assist clients in identifying, managing, and mitigating legal risks across their supply networks.  Our practice is equipped to conduct thorough contractual audits, advise on supplier vetting protocols, and ensure alignment with evolving statutory frameworks such as the German Supply Chain Due Diligence Act and similar global mandates. We work closely with clients across sectors to develop robust... - [Business Law](https://rfkn.legal/business-law-rfkn-legal/): Business law or commercial law is a large umbrella which covers  within its ambit,  rights, relations, and conduct of individuals and businesses engaged in commerce, trade, and sales. It encompasses a wide range of legal topics including contracts, employment law, intellectual property, taxation, and corporate governance. One of its key functions is to ensure that businesses operate fairly and ethically while protecting the rights of all stakeholders namely owners, employees, customers, and the public. Business law regulates the formation of companies, mergers and acquisitions, and the resolution of disputes. It also sets the legal framework for transactions and helps manage... - [Transnational Commercial Due Diligence](https://rfkn.legal/transnational-commercial-due-diligence-rfkn-legal/): Due Diligence lays the foundation for commencement of any business relationship. Even more so when the buyer and seller/ investor and investee company are in different geographical markets and have minimum knowledge  of the statutory framework in each others’ jurisdictions.  It becomes imperative that sound expert advise is sought on local law in respect of financial, labour, statutory, regulatory, secretarial compliances being made by the companies. This helps in leveraging technology, talent, and operational efficiency to build competitive moats. Companies by conducting timely due diligence can aim to continuously innovate while maintaining excellence in execution to stay ahead of market... - [Political Law](https://rfkn.legal/political-law-rfkn-legal/): Navigating the intersection of law, regulations, and governance policies is critical for multinational corporations and large enterprises operating in today’s complex regulatory landscape. At RFKN Legal, our political law advisory practice is designed to help businesses manage legal risks related to government relations, lobbying compliance, campaign finance, legislative engagement, and regulatory advocacy.  We advise clients on how to align their operations with domestic legal standards while maintaining strategic flexibility across jurisdictions. With deep experience in both legal and policy domains, we support MNCs in managing exposure to political scrutiny, handling compliance and structuring lawful interactions with public officials and institutions.... - [International Arbitration](https://rfkn.legal/international-arbitration-rfkn-legal/): At RFKN Legal, we bring expertise and strategic insight to the complex and evolving field of international arbitration. Our practice is built on representing clients in high-stakes commercial and investment disputes across diverse jurisdictions and arbitral forums, including LCIA, and the SIAC. In the past, we have represented clients both during the arbitration proceedings, as well as for the execution of the final arbitral awards. Our team combines transnational experience with expertise in local jurisdictional knowledge to deliver effective, client-focused solutions. We have acted for large multinational corporations, as well as small and medium scale enterprises, offering end-to-end support—from drafting... - [International and Domestic Taxation](https://rfkn.legal/international-and-domestic-taxation-rfkn-legal/): At RFKN Legal, we provide strategic tax advisory and representation services to private individuals with complex financial and cross-border interests. Whether you’re a high-net-worth individual, a non-resident Indian, or someone with income or assets across jurisdictions, our team ensures your tax affairs remain fully compliant while optimizing liability.  We advise on domestic tax planning, income classification, capital gains, and exemptions under Indian tax law, with a special focus on navigating the Income Tax Commissioner, Income Tax Appellate Tribunal and High Courts. For individuals earning or investing internationally, we provide end-to-end support in Double Taxation Avoidance Agreement (DTAA) compliance—ensuring you are... - [Intellectual Property Law](https://rfkn.legal/intellectual-property-law-rfkn-legal/): Whether you’re an artist, author, designer or innovator, your ideas and creations are uniquely yours – and they deserve strong legal protection. We help private clients safeguard their intellectual property across the full spectrum of intellectual property rights: trademarks, copyrights, designs, and patents. From registering a brand name or logo, to protecting your creative works like writing, music, software, or visual art—we guide you through the legal process with clarity and care. We also assist in drafting licensing agreements, stopping unauthorized use of your work, and enforcing your rights when needed. Your creative and professional identity is valuable – and... - [Data Protection](https://rfkn.legal/data-protection-rfkn-legal/): At RFKN Legal we focus on understanding how you can better your interaction with your clients, through a comprehensive privacy policy, terms and conditions. We also advise clients on accessibility, control mechanisms and transparency after evaluating their cookie settings, consent mechanisms and other features  to ensure all compliances with data protection laws are consistent. Explore More Private Client Services - [Asset Tracing](https://rfkn.legal/asset-tracing-rfkn-legal/): RFKN Legal offers dedicated expertise in asset tracing within the context of private client matters, with a particular focus on complex familial wealth and property disputes arising from partition and marital dissolution proceedings. We assist clients in identifying, locating, and evaluating movable and immovable assets—both domestic and international—that may be concealed, undervalued, or held through intricate ownership structures. Drawing on a combination of legal acumen and forensic tools, we provide end-to-end support from preliminary investigation to evidentiary presentation before courts or settlement forums. Our practice is particularly attuned to the nuances of joint family property, ancestral assets, and intergenerational transfers,... - [Child Custody](https://rfkn.legal/child-custody-rfkn-legal/): At RFKN Legal, we offer compassionate, strategic support in child custody matters, including complex international disputes. Our team represents parents in both amicable and high-conflict cases, prioritizing the child’s welfare while protecting your legal rights. We handle cross-border issues such as parental relocation, international abduction, and multi-jurisdictional custody claims. Our experience with the Hague Convention enables swift action in return proceedings and custody enforcement across borders. From consent orders and parenting plans to litigation and emergency court applications, we tailor our approach to your family’s unique needs. We also collaborate with psychologists and child welfare professionals to ensure outcomes that... - [White Collar Crime](https://rfkn.legal/white-collar-crime-rfkn-legal/): At RFKN, we provide robust and discreet legal representation for private individuals facing white collar criminal investigations or charges. Our team has deep expertise in defending clients accused of offences such as fraud, forgery, embezzlement, identity theft, cybercrime, tax evasion, insider trading, and criminal breach of trust. We understand that allegations of financial misconduct can have serious legal, professional, and reputational consequences. From the outset, we focus on safeguarding your rights, securing fair treatment, and developing a strategic defence tailored to the facts and legal nuances of your case. Our services span the entire investigative and judicial process, including responses... - [Art Law](https://rfkn.legal/art-law-rfkn-legal/): We support private collectors, art enthusiasts, and philanthropists in all legal matters related to art and cultural assets. Our services include due diligence for art acquisitions, helping you build and manage your collection with confidence. We advise on founding private museums or foundations, and guide you through donations to public institutions. In matters of inheritance, we assist with the succession planning and transfer of art assets across generations. We ensure that your collection is legally secure and aligned with your long-term goals. Our team provides discreet and reliable legal counsel tailored to your individual needs. We navigate the complexities of... - [Sports Law](https://rfkn.legal/sports-law-rfkn-legal/): The challenges of being a sportsperson are unique. Each organisation or sporting association has their own code and rules and sometimes navigating these rules can be a feat of skill in itself. Our skilled lawyers allow you to focus on the sport while taking care of the rest for you.  From the interpretation of various sporting codes, the enforcement of rules as well as understanding whether the rules have been correctly applied, we have successfully supported our clients, in their contractual relationships as well as in their defence in cases before the sporting authorities domestically and before international bodies.  From... - [Immigration Law](https://rfkn.legal/immigration-law-rfkn-legal/): This area of law fundamentally affects the core identity of a human being. And yet it is one of the most troubling and time consuming. From identifying the right country for citizenship, protections against statelessness, to ensuring employment rights are protected RFKN has worked extensively in each of these areas and is able to successfully but also discreetly support you through the process of emigration or immigration. Explore More Private Client Services - [Employment and Labour Law](https://rfkn.legal/employment-and-labour-law-rfkn-legal/): At RFKN, we offer expert legal advice and representation to private individuals on a wide range of employment and labour law issues under Indian law. We assist employees, senior executives, and professionals in navigating workplace challenges and asserting their legal rights with clarity and confidence. Our services include reviewing and negotiating employment contracts, severance agreements, non-compete clauses, and confidentiality provisions. We advise on matters relating to wrongful termination, constructive dismissal, workplace harassment, unpaid dues, and denial of statutory benefits such as gratuity, provident fund, and bonus. In cases of employment disputes, we appear before labour courts, industrial tribunals, and other... - [CSR and Inclusivity](https://rfkn.legal/csr-and-inclusivity-rfkn-legal/): At the heart of our work is a belief in the law as a powerful tool to build a more equitable and inclusive society. A central focus of our efforts is the rights of persons with disabilities, grounded in the conviction that true inclusion goes beyond legal recognition – it requires accessibility, implementation, and systemic change. We support clients in asserting their rights under the Rights of Persons with Disabilities Act, 2016 across all relevant forums, including the Chief Commissioner for Persons with Disabilities (CCPD), State Commissioners for Persons with Disabilities (SCPD). We also advise individuals, families and NGOs with... - [Family law](https://rfkn.legal/family-law-rfkn-legal/): At RFKN Legal, we provide empathetic and strategic legal advice in all aspects of family law, encompassing both domestic and international matters. Our practice covers divorce, legal separation, child custody and visitation, spousal and child maintenance, protection against domestic violence, and equitable distribution of assets, all handled with the utmost care, discretion, and legal accuracy.   Many of our clients are involved in cross-border family issues, including international divorces, disputes over foreign property, and complex custody matters across jurisdictions. We assist in resolving jurisdictional conflicts, securing recognition and enforcement of foreign court orders, and representing clients in international child abduction... - [Citizenship](https://rfkn.legal/citizenship-rfkn-legal/): There are multiple aspects to the concept of citizenship. With the world becoming a global community the ideas on citizenship are evolving. The use of terms such as citizen may unknowingly adversely impact a person applying for citizenship. The hard regulations may do or the inadvertent protections they offer need in-depth knowledge. As our teams practice across borders we are able to understand the impact of citizenship laws on groups and diasporas.  The critical need to obtain legal advice before setting up the strategy to lobby or advocate for citizenship rights for groups or grant rights to groups needs understanding... - [Real Estate](https://rfkn.legal/real-estate-rfkn-legal/): At RFKN Legal, we provide end-to-end legal support in real estate matters to individuals, companies, and developers. Our services cover everything from property due diligence and drafting of sale deeds to lease agreements, and development projects. Our team ensures that property transactions are smooth, secure, and legally sound. We also represent clients in builder-buyer disputes, including delayed possession, non-refund of booking amounts, changes in project plans, or poor construction quality. We appear before RERA authorities, consumer courts, and civil courts to ensure our clients’ rights are protected. With a practical and client-friendly approach, we aim to make real estate transactions... - [Domestic Arbitration](https://rfkn.legal/domestic-arbitration-rfkn-legal/): At RFKN Legal, we understand that legal disputes between private individuals—whether over property, inheritance, partnerships, or personal agreements—can be stressful and deeply personal. Our domestic arbitration practice also offers individuals a faster, more confidential, and cost-effective alternative to traditional litigation. We help clients resolve disputes through tailored arbitration solutions under the domestic arbitration legislations, ensuring that their rights are protected without the delays of court proceedings. Our team handles every aspect—from helping you negotiate and draft a clear arbitration agreement to representing clients before the tribunal and ensuring enforcement of the final award. We focus on making the process accessible,... - [Private Client Services](https://rfkn.legal/private-client-services/): We are dedicated to providing strategic, cross-border legal counsel with discretion, precision, and personal attention. Our lawyers combine technical excellence with a deep understanding of the complex personal and financial priorities of high-net-worth individuals, families, and business leaders. In addition to our litigation and advisory services, we track global legal developments to deliver proactive guidance in areas such as wealth planning, tax strategy, family governance, and asset protection. Our holistic, research-informed approach ensures we not only meet legal needs but also anticipate and address evolving challenges in an increasingly interconnected world.Explore where you need support—our team is here to help... - [Commercial Client Services](https://rfkn.legal/commercial-client-services/): We are deeply committed to delivering integrated legal solutions for commercial clients across global markets. Our commercial lawyers bring a multidisciplinary perspective to every matter, combining legal precision with business insight. Beyond traditional advisory and litigation services, we continuously research and analyze evolving commercial landscapes, regulatory frameworks, and industry trends. This proactive approach enables us to offer clients forward-thinking legal strategies rooted in commercial pragmatism and global best practices. International Arbitration At RFKN Legal, we bring expertise and strategic insight to the complex and evolving field of international arbitration. Our practice is built on representing clients in high-stakes commercial and... - [Our Team](https://rfkn.legal/our-team/): Our team brings over 25 years of expertise in guiding clients through complex legal landscapes, seamlessly blending local knowledge with a global perspective. Specializing in the jurisdictions of India, Germany, the UK, Italy, and Kenya, we have supported clients across Europe, Asia, Africa, Australia, and the Americas. Our expansive network includes seasoned lawyers and advisors adept in both civil and criminal matters, covering personal as well as commercial laws. Committed to excellence and precision, our lawyers and consultants collaborate closely to deliver tailored legal solutions that address our clients’ unique needs within a dynamic international environment. - [Podcast](https://rfkn.legal/rfkn-podcast/) - [What We do](https://rfkn.legal/what-we-do/): Our practice strives to help clients successfully navigate the Indian legal system, situating local laws in the context of the global legal environment. Our team’s multi country expertise has supported clients for over 25 years in Europe, Asia, Africa, Australia and the Americas. We have advocates in various Indian cities and a network of lawyers in jurisdictions across the world who have a strong civil and criminal practice in both personal and commercial laws. Arbitration, Mediation and Conciliation At  RKFN Legal, we advise and represent clients across various ADR forums, international and domestic, institutional and ad-hoc. Whether your choice of... - [Events](https://rfkn.legal/events/) - [Legal Guides](https://rfkn.legal/legal-guides/) - [Blog](https://rfkn.legal/blog/) - [Contact us](https://rfkn.legal/contact-us/): contact us Let us know how we can help you. email contact@rfkn.legal Chambers and Offices - [Careers](https://rfkn.legal/careers/): We Are Always Searching for Talent RFKN Legal is a boutique law firm specializing in cross-border legal advisory and representation, connecting clients across India, Europe, and Africa with sophisticated expertise in commercial law, international transactions, and dispute resolution.   If you thrive in a collaborative, intellectually challenging environment where your work spans multiple jurisdictions and cutting-edge legal issues like fintech, data protection, IP law, and art law, we’d love to hear from you. Internship We offer a unique career opportunity in a forward-thinking practice that values professional growth, cultural diversity, and work-life balance. You’ll work alongside experienced practitioners with deep... - [Home](https://rfkn.legal/): Transnational Law bringing India closer to europe Contact us https://rfkn.legal/wp-content/uploads/2026/03/download-1.mp4 welcome Who We Are RFKN is a full-service law practice. This means that we not only advise corporate clients on the domestic and transnational legal obligations of their enterprises, but also undertake litigation and appear before arbitral tribunals on their behalf. Our practice ranges from international commercial arbitration before institutional tribunals like the SIAC to litigating family law disputes before hyperlocal family courts. We truly provide end-to-end services for all kinds of legal issues our clients face, and across all forums. read more Arbitration, Mediation and Conciliation We advise and... - [About RFKN Legal](https://rfkn.legal/about-us/): Dr. Nicolai Kemle Prof. Dr. Alexander Fischer Lavanya Regunathan Fischer Sahibnoor Singh Sidhu Atul Nagarajan Heike Stahlmecke Abdul Agonga William Zilio Uddhav Tandon Thibault Weigelt Pallavi Koduganti Leon Katona Kyenze Mwongeli Basant Kr Yadav Arushi Singh Aditi Prakash Our core team of lawyers came together with a shared vision of making international law transactions feel accessible and understandable. Our size and network of lawyers make us fast, flexible and allows us to tailor strategy which is focused on what our client needs. We have a highly trained and experienced core group and retain lawyers depending on the need of the... ## Optional - [Agent (MCP protocol)](websites-agents.hostinger.com/rfkn.legal/mcp) [comment]: # (Generated by Hostinger Tools Plugin)