Resolüt Partners and Freshfields Present Exit Masterclass Series: Put Options and Buybacks

Recent Supreme Court judgments upholding SIAC arbitral awards on Investor exit related matters set a new high-water mark for investor protection in India, and are required reading for investment funds and promoters alike. In that backdrop, Resolut Partners and Freshfields, supported by the Singapore International Arbitration Centre, are delighted to introduce the Exit Masterclass Series, with its first session on Put Options and Buybacks.

Key Considerations

• Pricing the option and determining fair value – insights from a practitioner perspective
• IRR-assured put options: are they enforceable, and can the assured return be recovered as damages – bypassing the fair value debate altogether?
• Resisting a put option: what defences are available to a counterparty?
Resisting a buy-back obligation: what defences are available to a counterparty?
• When the counterparty refuses: exercising the option, navigating arbitration, enforcing the foreign award in India
• FEMA pricing guidelines and payments to non-residents – the public policy objection and how promoters have relied on it over the years