"Excellence in Hospitality Law: Economic Laws Practice - Premier Hospitality

3/13/24, 1:33 PM Hospitality Lawyer | Hospitality Law| Economic Laws Practice
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Hospitality
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Hospitality
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OVERVIEW SERVICES
PRACTICE PROFILE (HTTPS://ELPLAW.IN/WP-CONTENT/UPLOADS/2018/08/ELP-PRACTICE-
PROFILE-HOSPITALITY_COMPRESSED.PDF)
PEOPLE THOUGHT LEADERSHIP RECOGNITIONS
The hospitality sector is one of the key drivers of growth among the services sector in India. There is
little doubt of the sheer potential this industry holds going forward…. Yet heavy is the head that wears
the crown. Faced with stringent government regulations and constantly changing policy related issues,
coupled with red tapism and increasing infrastructure costs, the path to profitability is a tough one. Lack
of proper trained talent and an increasingly demanding customer further compound these issues.
Needless to say the brick and mortar hospitality sector is facing its toughest competition ever from the
virtual world of AirBnB’s. The tough balancing act between the Owner and Manager and a stark increase
in insolvency and bankruptcy cases are further headwinds the market has to contend with.
Drawing upon our experience of over 16 years within the hospitality sector, ELP’s hospitality sector
practice aims to provide a one stop shop for addressing legal and regulatory issues within the
hospitality sector.
Overview
Our practice includes :
Acquisition of Land
Construction & Development of Hotel
Structuring of Investment
Services
Due diligence reviews, covering transactional, financial, environmental, tax and compliance related
issues.
Verification of title to the land and drafting and negotiation of sale deeds, lease deeds or
development rights agreements or other conveyance deeds
Drafting, negotiation and execution of documentation including: Construction contracts, architect’s
contracts, interior design consultancy contracts and other contracts for the appointment of experts
for the development phase
Equipment supply and other agreements with sub-contractors and vendors.
Designing and implementing tax efficient structures to identify tax exposures and the most optimal
tax structure.
Risk analysis of project documentation, covering legal, structuring, commercial and tax issues.

Operator & Brand Selection
Financing
Finalisation of consultants & service providers
Operation & Maintenance
Exit
Drafting, negotiation and execution of documentation including joint venture agreements, investment
agreements, shareholders’ agreements, private equity documentation and other equity and/or quasi-
equity funding documentation.
Drafting, negotiation and execution of documentation including: Hotel management agreements,
technical services agreements, franchise agreements, marketing and publicity agreements for the
provision of services by brand-owners for development of the hotel; and
Trademark license agreements for the license of trademarks and service marks by brand-owners.
Drafting, negotiation and execution of documentation including facility agreements and security
documents such as guarantees and documents of charge and lien.
Assistance in refinancing the project.
Drafting of resolution plans and assistance in the insolvency process
Drafting, negotiation and execution of documentation with consultants and other entities for
provisions of pre-opening and post opening services.
Advice on compliance processes under all applicable laws, for example, labour law, corporate law,
indirect tax laws and developmental and/or environmental regulations.
Advice on issues faced in the day-to-day operations of the hotels.
Assistance in further investments into the hotel.
Resolution of disputes, either through the conciliation process or through arbitration.
Structuring of the exit in the most tax efficient manner.
Drafting, negotiation and execution of documentation including share sale and share purchase
agreements.
People

Sujjain Talwar
(https://elplaw.in/people/sujjain-
talwar/)
Aakanksha Joshi
(https://elplaw.in/people/aakanksha-
joshi/)
Nishant Shah
(https://elplaw.in/people/nishant-
shah/)
M
(https://e
agarwal/
Thought Leadership
Tourism and hospitality industry lauds direction of the budget
proposals
2 Feb 2024 | READ MORE (HTTPS://ELPLAW.IN/TOURISM-AND-HOSPITALITY-
INDUSTRY-LAUDS-DIRECTION-OF-THE-BUDGET-PROPOSALS/)
Taxation & The Hospitality Sector
7 Apr 2023 | READ MORE (HTTPS://ELPLAW.IN/WP-
CONTENT/UPLOADS/2023/04/TAX-AND-HOSPITALITY-HICSA.PDF)
The Hospitality Sector: Contractual Conundrums
CONTENT/UPLOADS/2023/04/MANAGEMENT-AGREEMENT-HOSPITALITY-HICSA.PDF)
Labour & Employment & The Hospitality Sector
CONTENT/UPLOADS/2023/04/LABOUR-EMPLOYMENT-HICSA.PDF)
Dispute Management & The Hospitality Sector
CONTENT/UPLOADS/2023/04/DISPUTE-HICSA-.PDF)
Consumer Laws & The Hospitality Sector
CONTENT/UPLOADS/2023/04/CONSUMER-LAWS-HOSPITALITY-HICSA.PDF)
Financing & The Hospitality Sector
CONTENT/UPLOADS/2023/04/BANKING-FINANCE-HICSA.PDF)

Bankrupt hotel assets big draw with investors
12 Mar 2024 | READ MORE (HTTPS://ELPLAW.IN/BANKRUPT-HOTEL-ASSETS-BIG-
DRAW-WITH-INVESTORS/)
Labour & Employment & The Hospitality Sector
CONTENT/UPLOADS/2022/04/LABOUR-LAWS-HOSPITALITY.PDF)
Taxation & The Hospitality Sector
CONTENT/UPLOADS/2022/04/TAX-HOSPITALITY.PDF)
The Hospitality Sector: Contractual Conundrums
CONTENT/UPLOADS/2022/04/MANAGEMENT-AGREEMENT-HOSPITALITY.PDF)
Dispute Management & The Hospitality Sector
CONTENT/UPLOADS/2022/04/DISPUTE-HOSPITALITY.PDF)
Consumer Laws & the Hospitality Sector
CONTENT/UPLOADS/2022/04/CONSUMER-LAWS-HOSPITALITY.PDF)
Financing & the Hospitality Sector
5 Apr 2022 | READ MORE (HTTPS://ELPLAW.IN/WP-CONTENT/UPLOADS/2022/04/BF-
HOSPITALITY.PDF)
Tourism funding and promotion agencies laud Budget proposals
for the sector
8 Feb 2022 | READ MORE (HTTPS://ELPLAW.IN/LEADERSHIP/READ-MORE-AT-HTTPS-
HOSPITALITY-ECONOMICTIMES-INDIATIMES-COM-NEWS-TRAVEL-TOURISM-FUNDING-
AND-PROMOTION-AGENCIES-LAUD-BUDGET-PROPOSALS-FOR-THE-SECTOR-
89420565/)

Union Budget - An Analysis by Economic Laws Practice
1 Feb 2022 | READ MORE (HTTPS://ELPLAW.IN/WP-
CONTENT/UPLOADS/2022/02/UNION-BUDGET-2022-AN-ANALYSIS-BY-ECONOMIC-
LAWS-PRACTICE-1.PDF)
Legal implications of recent issues in the hospitality sector in India
24 Sep 2021 | READ MORE (HTTPS://ELPLAW.IN/WP-
CONTENT/UPLOADS/2021/09/LEGAL-IMPLICATIONS-OF-RECENT-ISSUES-IN-THE-
HOSPITALITY-SECTOR-IN-INDIA-.PDF)
ELP Knowledge Series – Part 2 of 2021
CONTENT/UPLOADS/2021/09/ELP-KNOWLEDGE-SERIES-PART-2-OF-2021.PDF)
Guest Data – Right to be forgotten
25 Sep 2021 | READ MORE (HTTPS://ELPLAW.IN/GUEST-DATA-RIGHT-TO-BE-
FORGOTTEN/)
Relief to Hotels in Maharashtra
20 Jul 2021 | READ MORE (HTTPS://ELPLAW.IN/RELIEF-TO-HOTELS-IN-
MAHARASHTRA/)
What are the duties of directors in ailing hotel companies?
30 Jun 2021 | READ MORE (HTTPS://ELPLAW.IN/WHAT-ARE-THE-DUTIES-OF-
DIRECTORS-IN-AILING-HOTEL-COMPANIES/)
What recourse do Hyatt Regency Mumbai employees have?
12 Jun 2021 | READ MORE (HTTPS://ELPLAW.IN/WHAT-RECOURSE-DO-HYATT-
REGENCY-MUMBAI-EMPLOYEES-HAVE/)
ELP - Knowledge Series – Part 1 of 2021
27 Apr 2021 | READ MORE (HTTPS://ELPLAW.IN/ELP-KNOWLEDGE-SERIES-PART-1/)
Budget 2021 fails to provide much needed impetus
16 Feb 2021 | READ MORE
(HTTP://SAFFRONMEDIA.IN/EMAGAZINES/HB/2021/HBFEB2021/HTML5/INDEX.HTML)
Union Budget 2021: An Analysis
LAWS-PRACTICE.PDF)

What Marriott’s Second Data Breach Means for the Hospitality
Industry?
30 Mar 2020 | READ MORE (HTTPS://ELPLAW.IN/WP-
CONTENT/UPLOADS/2020/05/WHAT-MARRIOTT’S-SECOND-DATA-BREACH-MEANS-
FOR-THE-HOSPITALITY-INDUSTRY.PDF)
The Indian Hospitality Industry: A Comprehensive Guide to
Managing COVID-19
CONTENT/UPLOADS/2020/04/THE-INDIAN-HOSPITALITY-INDUSTRY-A-
COMPREHENSIVE-GUIDE-TO-MANAGING-COVID-19-HOTELIVATE-1.PDF)
Union Budget 2020: An Analysis
LAWS-PRACTICE.PDF)
ELP - Knowledge Series - India Update - Part 4 of 2019
22 Jan 2020 | READ MORE (HTTPS://ELPLAW.IN/WP-
CONTENT/UPLOADS/2020/01/ELP-KNOWLEDGE-SERIES-INDIA-UPDATE-PART-4-OF-
2019.PDF)
Legal Obligations of Lost Properties -infra hospitium
4 Dec 2019 | READ MORE (HTTPS://ELPLAW.IN/LEADERSHIP/LEGAL-OBLIGATIONS-
OF-LOST-PROPERTIES-INFRA-HOSPITIUM/)
Who is liable for car theft from a hotel parking lot? A ...
3 Dec 2019 | READ MORE (HTTPS://ELPLAW.IN/LEADERSHIP/WHO-IS-LIABLE-FOR-
CAR-THEFT-FROM-A-HOTEL-PARKING-LOT-A-LESSON-FOR-THE-SERVICE-INDUSTRY/)
ELP - Knowledge Series - India Update - Part 3 of 2019
2019.PDF)
OYO’s stand vindicated: What CCI ruling means for booking portal
vs hotel ...
28 Aug 2019 | READ MORE (HTTPS://ELPLAW.IN/LEADERSHIP/OYOS-STAND-
VINDICATED-WHAT-CCI-RULING-MEANS-FOR-BOOKING-PORTAL-VS-HOTEL-DISPUTE/)
Going Bananas over Indemnities!
30 Jul 2019 | READ MORE (HTTPS://ELPLAW.IN/LEADERSHIP/GOING-BANANAS-OVER-
INDEMNITIES/)
ELP Knowledge Series - India Update Part 2 of 2019
7 May 2019 | READ MORE (HTTPS://ELPLAW.IN/WP-
2019-2-1.PDF)
Prevention of sexual harassment in the hospitality industry: Whose
cross is it ...
10 Apr 2019 | READ MORE (HTTPS://ELPLAW.IN/LEADERSHIP/PREVENTION-OF-
SEXUAL-HARASSMENT-IN-THE-HOSPITALITY-INDUSTRY-WHOSE-CROSS-IS-IT-TO-
BEAR/)

CONTENT/UPLOADS/2019/02/ELP-KNOWLEDGE-SERIES_INDIA-UPDATE_PART-1-OF-
2019.PDF)
Marriott eyes over 10% in Raheja’s Chalet Hotels
CONTENT/UPLOADS/2019/02/MARRIOTT-EYES-OVER-10-IN-RAHEJA’S-CHALET-
HOTELS-TIMES-OF-INDIA.PDF)
Budget 2019: Judicial Reform Is What This Economy Needs Now
CONTENT/UPLOADS/2019/02/BUDGET-2019-2020-V2-.PDF)
Interim Union Budget 2019 - An Analysis
CONTENT/UPLOADS/2019/02/INTERIM-UNION-BUDGET-2019-AN-ANALYSIS.PDF)
2018.PDF)
Union Budget, 2018
CONTENT/UPLOADS/2018/08/UNION_BUDGET_2018_-_AN_EXCLUSIVE_ANALYSIS-
1.PDF)
The Hospitality Industry in India - A guide to Legal Issues
CONTENT/UPLOADS/2018/08/ELPS-HOSPITALITY-BOOK-APRIL-2019.PDF)
Hospitality – Indian Legal Issues
12 Mar 2024 | READ MORE (HTTPS://ELPLAW.IN/WP-
CONTENT/UPLOADS/2018/08/HOSPITALITY-INDIAN-LEGAL-ISSUES-AN-UPDATE.PDF)
14 Jun 2018 | READ MORE (HTTPS://ELPLAW.IN/WP-
2018.PDF)
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