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CAM Disputes Team

The CAM Disputes team can be reached at cam.mumbai@cyrilshroff.com

The present US administration signed an Executive Order (“EO 14209”) in February, halting the enforcement of the Foreign Corrupt Practices Act (FCPA), pending new guidance to prosecutors. On June 10, 2025, the US Department of Justice (DOJ) issued new guidelines (“Guidelines”) on the enforcement of the FCPA, marking a significant shift in its approach to combating foreign bribery. These changes are a part of a broader strategy to recalibrate US anti-corruption efforts in line with national security interests and economic competitiveness.

Continue Reading Global, India implications of US DOJ resuming scaled-back enforcement against foreign bribery

Introduction

The Foreign Contribution (Regulation) Act, 2010 (“FCRA/Act”), is an important piece of legislation that Parliament has enacted to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for activities detrimental to national interest.

Continue Reading Navigating the Evolving FCRA Landscape: Enhanced Responsibility of Chartered Accountants

    The Prevention of Money Laundering Act, 2002 (“PMLA”), places proceeds of crime at the core of the offence of money laundering. Before delving into this article, it is imperative to understand the definition of proceeds of crime, which Section 2 (1) (u) of the PMLA[1] defines as “any property derived or obtained by any person, as a result of criminal activity relating to a scheduled offence”.

    Continue Reading Changing Landscape of Arrest Under the PMLA – Decoding Section 19 Through Jurisprudence
    Chinese Goods, India Exports: Substantial transformation or risky transshipment?

    There is increasing uncertainty surrounding the legal and commercial aspects of trade, against the backdrop of the United States imposing new tariffs. This evolving landscape of international trade exposes Indian exporters to heightened scrutiny under the US customs regulations, specifically those concerning transshipment of goods and adherence to the US Customs and Border Protection (“CBP”) rules of origin (“Rules of Origin”).

    Continue Reading Chinese Goods, India Exports: Substantial transformation or risky transshipment?
    The Global Reckoning: How Copyright Lawsuits Are Defining AI’s Legal Boundaries

    Introduction

    Several authors of copyrighted books have filed class action lawsuits against major tech market players, alleging systematic copyright infringement. The allegations stem from tech companies’ unauthorised use of copyrighted content to develop large language models (“LLMs”), which provide these tech companies a competitive edge in the Artificial Intelligence (“AI”) market.

    Continue Reading The Global Reckoning: How Copyright Lawsuits Are Defining AI’s Legal Boundaries
    U.S. Spotlight on Pharma Imports: What does this mean for Indian Pharma?

    The U.S. Department of Commerce Bureau of Industry and Security (“BIS”), on April 14, 2025, announced the initiation of an investigation into the imports of pharmaceuticals and pharmaceutical ingredients as well as semiconductors and semiconductor manufacturing equipment in the context of U.S. national security. This move could affect India’s USD 10 billion annual pharmaceutical exports to the U.S.

    Continue Reading U.S. Spotlight on Pharma Imports: What does this mean for Indian Pharma?
    FCPA, FCA and the Trump Effect: What Indian companies need to know

    The Foreign Corrupt Practices Act (“FCPA”) and the False Claims Act (“FCA”) are two pivotal legislations of the United States (“U.S.”) that significantly influence the operations of multinational corporations, including Indian entities. The most notable recent cases against Indian companies are: (i) the allegations on the Adani Group for orchestrating a bribery scheme thereby violating the FCA; and (ii) investigation of Azure Power Global on the allegations of improper payments and misrepresentation of the company’s anti-bribery practices to gain U.S. financing in violation of the FCPA.

    Continue Reading FCPA, FCA and the Trump Effect: What Indian companies need to know

    INTRODUCTION

    The evolution of arbitration in India has been marked by a steadfast judicial commitment to enhancing its merits, particularly its efficiency, speed, and limited judicial intervention. This development offers a credible alternative to the overburdened judicial system. However, courts have remained the cornerstone of supervisory jurisdiction, ensuring that arbitral awards adhere to the principles enshrined in Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”).[2] Among the grounds for challenging awards, “patent illegality” under Section 34(2A) of the Act, initially conceived as a subset of “public policy”, was introduced as a distinct ground to address blatant legal errors visible on the face of an award by way of Arbitration and Conciliation (Amendment) Act, 2015.[3] Today, patent illegality stands as one of the widely employed grounds for challenge, yet its contours remain vague.

    Continue Reading DMRC V. DAMEPL and the 2024 Amendment Bill: Where Patent illegality stands in Arbitration?
    Comprehending the World Bank’s Sanctions Regime: Guidance for Indian Companies, Banks and Financial Institutions

    As one of the foremost international financial institutions, the World Bank (“Bank”) aims to strengthen economic progress in middle- and lower-income nations by providing financial aid for various development projects.[1] However, in 2018, the Bank sanctioned an Indian enterprise which was engaged in executing a Bank-funded project[2], highlighting the accountability of these funds. Recipients of these funds are held accountable by the Bank for using the proceeds responsibly, which is where the Bank’s sanctions regime becomes relevant.

    Continue Reading Comprehending the World Bank’s Sanctions Regime: Guidance for Indian Companies, Banks and Financial Institutions