Navigating Section 14: Applicability to Foreign-Seated Arbitrations
The selective applicability of the provisions of Section 14 to only domestic-seated arbitrations results in several complexities.
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Rikhil Haldar, Tanya Mahajan
Jul 206 min read
Family Feuds at Work? Re-Thinking the Lifting of the Corporate Veil
NCLT must evolve to address the complexities of family-owned businesses, recognizing the impact of family dynamics on corporate governance.
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Prakhar Khandal, Jitesh Lakra
Jul 197 min read
Arbitrability of Shareholder Disputes in India: Addressing "Dressed-Up" Corporate Oppression Claims
Arbitration can be initiated while dealing with shareholder disputes if it is found that the origin of the dispute lies in the agreement.
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Aarya Parihar
Jun 57 min read
Project-Wise CIRP: To Order or Not?
This post outlines the real estate sector’s importance and elucidates the concept of project-wise corporate insolvency resolution process.
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Shravasti Yadav, Varuni Gawai
Feb 35 min read
Understanding AoA Amendments: Right of Pre-emption and O&M Considerations
The pre-emptive clause in the AOA plays a pivotal role in the management of the company and an omission of the same amounts to O&M.
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Heeya Sharma, Snigdha
Feb 15 min read
Analyzing the Contours of the Doctrine of Commercial Wisdom in light of Equitable Treatment of the Stakeholders
There is need for balance to be struck between commercial wisdom and ensuring fair and equitable treatment of all stakeholders.
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Masad Khan
Jan 286 min read
MSME Exemption under IBC: Closing the Loophole
It is important that the law laid down in the case of Hari Babu Thota be reviewed.
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Subhasish Pamegam
Jan 277 min read
Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC
The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.
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Sidhanth M K Majoo, Arpit Dhingra
Jan 266 min read
CCDs: Balancing Investor Interests and Fairness in Legal Interpretation
The exploration of CCDs in insolvency cases shows a complex scenario where debt and equity distinctions are blurred.
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Pratyanik Chakraborty
Jan 226 min read
What Art Thou, CCD: Debt Equity or Still a Confusion?
Hybrid securities, by virtue of having the best of both the worlds of debt and equity, are a highly desirable instrument.
405
Garvit Shrivastava, Harshita Dhakad
Jan 187 min read
NCLAT’s Ruling on CIRP’s Misuse through Barter Agreement and RERA’s Right To Appeal
The legal stance taken by NCLAT ensures that the remedy of compensation granted by RERA remains a robust and effective tool for homebuyers.
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Ishita Warghat
Dec 31, 20235 min read
An Attempt to Align IBC with CTC: A Step in the Right Direction?
This article seeks to analyze the rationale and implications of the change to the aviation sector through the lens of the IBC.
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Shweta Kushe
Nov 30, 20238 min read
Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC
A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.
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Govinda Asawa, Arayan Khare
Nov 4, 20235 min read
Cape Town Convention and Insolvency and Bankruptcy Code: Recent MCA Notification
Not only did the NCLT decision disallow the repossession of aircraft by the lessor, but it also projected India as a risky jurisdiction.
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Chaitanya Gupta
Nov 1, 20235 min read
Enforceability of Foreign Arbitral Awards through Section 7 of IBC
The article demonstrates that a foreign arbitral award can be enforced by a financial creditor in India under Section 7 of the IBC.
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Nakshatra Gujrati
Aug 18, 20235 min read
Consent Terms under IBC and Revival of CIRP on its Breach
The recognition of consent terms under the IBC represents a significant development in the Indian insolvency regime.
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Aayush Panwar, Aditya Maheshwari
Feb 8, 20235 min read
Supertech Insolvency: A Tussle Between Rights of Home-Buyers and Maximizing Assets under CIRP
This article aims to elucidate the provisions pertaining to reverse CIRP under the IBC.
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