Legal Transplants in the Law of the Deal: M&A Agreements in India

Research Handbook on Mergers and Acquisitions, Elgar Publishing, S. Davidoff Solomon & C. Hill, eds., Forthcoming

UC Davis Legal Studies Research Paper No. 469

33 Pages Posted: 7 Nov 2015 Last revised: 20 May 2016

See all articles by Afra Afsharipour

Afra Afsharipour

University of California, Davis - School of Law

Date Written: November 5, 2015

Abstract

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 representation and warranties provisions, indemnification provisions and earn-out arrangements to illustrate transplants in the law of the deal.

Keywords: India, mergers, acquisitions, M&A, legal transplants, merger agreement, deal contracts

JEL Classification: G34, K12, K22, K33

Suggested Citation

Afsharipour, Afra, Legal Transplants in the Law of the Deal: M&A Agreements in India (November 5, 2015). Research Handbook on Mergers and Acquisitions, Elgar Publishing, S. Davidoff Solomon & C. Hill, eds., Forthcoming, UC Davis Legal Studies Research Paper No. 469, Available at SSRN: https://ssrn.com/abstract=2686718

Afra Afsharipour (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
426
Abstract Views
2,109
rank
77,181
PlumX Metrics