CORPORATE, COMMERCIAL AND BUSINESS LAWS
We can advise you in relation to all aspects of corporate law and business structures.
Right from the earliest stages of your venture, we can help with advice on:
- choosing a business name
- drafting of Memorandum and Articles of Association
- start-up assistance
- day-to-day running
- employment issues
- risk minimization etc
We also offer business advice – how to run the business efficiently and avoid potential problems that success and growth may generate. These include the avoidance and resolution of disputes within the business, mergers and take-overs, competitors (how to avoid upsetting them).
Whatever area of our expertise in the field you need to call upon, we are committed to providing high quality, commercially orientated, practical and problem solving advice, which adds value to the client's business.
We offer a specialist, partner-lead service tailored specifically to the needs of the small and medium businesses.
|JOINT VENTURES, FOREIGN COLLABORATIONS, MERGERS & ACQUISITIONS
We have distinct experience in advising you in laws and procedures governing:
- foreign direct investments in India
- joint ventures
- foreign collaborations
- echnical collaboration
- mergers and acquisitions
Specific areas where we can assist include:
- preparation of applications for approvals from various regulatory authorities
- collection and dissemination of essential economic data to facilitate international business dealings
- business valuations and conducting due diligence
- drafting of documents such as shareholders' agreement, memorandum of understanding relating to foreign collaboration, foreign collaboration agreement, foreign collaboration agreement granting licence and know-how of products, foreign collaboration agreement granting trade mark without consideration and joint venture agreement
We have extensive experience in negotiating, drafting and vetting of various commercial agreements and contracts that are normally dealt with by infrastructure companies.
We have substantial experience in drafting, negotiating and vetting of the following documents in infrastructure projects such as power, water and sewer lines rehabilitation:
- Binding and Concession Agreements
- Power Purchase Agreements (PPA)
- Engineering, Procurement and Construction (EPC) Contracts
- Operation and Maintenance (O&M) Contracts
- Fuel and other Supply Agreements
- Escrow Disbursement Agreements
- Security and Hypothecation Agreements
|DISPUTE RESOLUTION & ARBITRATION
We see problem solving as an important part of our role. We encourage the use of dispute resolution techniques and cost effective methods for resolution of disputes such as:
Even the most complicated disputes can be successfully resolved. Sometimes the fresh and independent mind of an experienced mediator helps to find a solution.
During the course of the process, a wide range of different options can be explored whilst working towards a settlement. The clients also have the ultimate choice of deciding whether or not to be bound by the outcome.
Our cost effective and flexible approach to dispute resolution is geared towards enabling our clients to reach speedy settlement and preserve business relationships. Dispute resolution allows parties to remain in control of a situation and avoid legal proceedings with a consequent saving in both time and money. Even when litigation is actually underway, we still encourage those involved to maintain communications and try to resolve matters.
|COMMERCIAL AGREEMENTS For IT, ITES & VARIOUS OTHER INDUSTRIES
We offer considerable expertise in the negotiation, preparation and drafting of commercial agreements for both national and international use.
Of central importance to effective business practice at all levels, this service includes:
- computer software
- IT, ITES and other consulting service agreements
- agency distribution and marketing
- joint ventures and franchising
- intellectual property
- terms of trading and manufacturing & licensing agreements
We also advise on the preparation of arrangements such as:
- service contracts
- employment agreements
- partnership agreements
- health and safety at work policy
The speed and efficiency of our preparation of commercial agreements is enhanced considerably by our maintenance of an extensive computerized library of catalogued precedents. Each individual document produced, however, is customized specifically to meet the precise requirement of the client.
Our specialist service covers all aspects of employment laws, following the philosophy that prevention is better than cure.
We prepare clear and practical documentation for:
- contracts of employment
- special contracts for key personnel
- disciplinary and grievance procedures
- health and safety statements and staff rules
We provide practical step-by-step advice to avoid unnecessary claims, including the drafting of procedural documents.
For cases taken to Court and Tribunal representation by specialist employment lawyers is essential. We handle redundancy claims, disability, race and sex discrimination, unpaid wages and unfair dismissals.
Special situations we deal with include transfers of undertakings (buying and selling businesses) overseas workers, (visas and permits) prevention of unfair competition, employee share schemes and pensions.
|INTELLECTUAL PROPERTY LAW
We assist in registration, exploitation and protection of:
- trade mark
- copy right
We may also help in:
- drafting agreements and contractual restrictions on the use of confidential information by employees, outside consultants or other third parties
- enforcement of contractual restrictions
- licensing the use of trade secrets, patents, trademarks and copyrights to third parties
We also provide assistance in:
- domain names registration
- domain name dispute resolution alternatives
- trademark, patent and copyright litigation
- intellectual property audits
We offer our clients a full and professional credit control facility, relieving pressure from your company's internal framework.
The range of advice include areas such as:
- taking security for debts
- dealing with liquidators and receivers
- retention of title
- liens or rights of set-off
Where legal action is inevitable, selection of the correct forum is crucial, as is deciding upon the correct method of enforcement once judgement has been obtained. Where the debt is undisputed, the threat of insolvency proceedings is an alternative to court action. Our experience covers all such eventualities.
We are fully prepared for every dispute, however complex. We have the expertise and flexibility to assist businesses and individuals alike.
Our common sense approach will help you protect and preserve your rights whenever and wherever they are challenged.
We never lose sight of the potential advantages of alternative dispute resolution even when litigation is well advanced and throughout the case we continue to search for practical solutions.
Commercial disputes can escalate quickly. A problem can soon become a battle. We seek to help our clients resolve them with optimum speed, efficiency and cost effectiveness.
We advise on all kinds of maritime contracts such as:
- Chartered Contracts
- Carriage of Goods by Sea
- Maritime Insurance
We also specialize in:
- Maritime litigation
We deal with acquisition or disposal of all types of residential or commercial property from large industrial units to small shops.
We also advise in:
- general purchasing
- leasing arena
These may typically involve:
- acquisition of land and property
- negotiation and drafting of agreements
- collateral warranties
- joint venture arrangements
- formation of property consortia and partnerships
- town and country planning
- building contracts
- development agreements
In all our dealings we seek to work as part of a team with architects, surveyors, financiers and other specialists. We place much emphasis on the establishment of first-class working relationships with such professionals to serve the best interests of our clients on the broadest possible scale.
|TRUST AND ESTATE ADMINISTRATION
Trust and estate administration includes advice concerning:
- income tax planning
- evaluation and implementation of wealth transfer and preservation strategies
- business succession strategies
- asset protection strategies
- elder planning
- trust administration
- probate and estate administration
- representation of clients in will contests
At Joslaw, we never lose sight of the fact that our commercial clients also have legal requirements as individuals. Accordingly we offer the full range of private client legal services – delivered to the same high standards of care, attention to detail and value for money as those provided for our business clients.
This facility includes:
- financial and inheritance planning
- creation and management of trusts
- preparation of wills and powers of attorney
- probate and the winding up of estates
- property purchase
- finance and mortgages
- family law advice
- accident compensation claims
More and more businesses are looking to expand their business activities on a global basis. Often the so called language barrier and lack of understanding of a different business culture and regulations can deter businesses from expanding. We can help you prepare to do business or trade in another country and liaise with lawyers and accountants in other jurisdictions on your behalf.
Specific areas where we can advise include:
- developing international trade and business
- mergers and acquisitions
- joint ventures
- setting up agency, distribution and franchising agreements
- cross border debt recovery
Our membership of International Bar Association, the world’s largest association of independent lawyers and law firms coupled with our network of lawyers around the globe means we have access to both legal and business services throughout the world.
||Admiralty and Maritime Law
||Agency, Distribution and Licensing
||Arbitration, Dispute Resolution & Mediation
||Immigration and Nationality
||Aviation and aerospace
||Intellectual Property Law
|| Information and Technology Laws (IT & ITES)
||Medicine and Ethics
||Mergers and Acquisitions
||Technology & Science
||Trusts and Estates