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
33 Pages Posted: 7 Nov 2015 Last revised: 20 May 2016
Date Written: November 5, 2015
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: Suggested Citation