Chapter 21: Legal transplants in the law of the deal: M & A agreements in India
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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 representations and warranties provisions, indemnification provisions and earn-out arrangements to illustrate transplants in the law of the deal.

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