Why Indian Corporate Promoters Should Be Immune from Duties Towards Minority Shareholders
- Divya Khanwani & Suneel Kumar† This article seeks to analyze the reasons why India does not mandate fiduciary duties by promoters...
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National Law School
Business Law Review
Sagar Manju, Hitoishi Sarkar & Naman Katyal
- Apr 19, 2022
Analysing the Fresh Start Doctrine: A South Asian Perspective through the Lens of India
-Sagar Manju, Hitoishi Sarkar & Naman Katyal† In a recent ruling in Re: Purdue Pharma, the Southern District Court of New York has held...
Avishek Mehrotra and Renuka Mishra
- Feb 24, 2022
Scrutinizing the risk-taking ability of Accredited Investors in India
Avishek Mehrotra and Renuka Mishra† By way of an amendment brought to the SEBI (Alternative Investment Funds) Regulations 2012 (AIF...
Ajar Rab and Shubham Joshi
- Feb 22, 2022
Stamping Arbitral Awards: An Illogical Fallacy?
– Ajar Rab and Shubham Joshi† India aims to be an arbitration hub, and businesses are opting for arbitration as the preferred mode of...
Rahul Singh
- Feb 15, 2022
The Supreme Court of India’s Respite to the State of Mizoram from Competition Law Proceedings
-Prof. (Dr.) Rahul Singh† My article, ‘The Meld Model’, argues that a synthesis of ‘exclusive legal positivism’ and ‘law-and-economics’...
Tatheer Fatima
- Feb 10, 2022
India’s Crypto tax: No taxation without legitimization?
-Tatheer Fatima† As the Covid-19 pandemic began, on 4 March 2020 the Supreme Court of India in Internet and Mobile Association of India...
Ribhav Pande and Daksh Aggarwal
- Feb 4, 2022
Decrypto-ing IBC: Virtual Currency Exchanges in Insolvency (Part 2)
-Ribhav Pande and Daksh Aggarwal† In Part 1, we argued that VCs must be viewed as intangible property in light of IBC. The discussion was...
Ribhav Pande and Daksh Aggarwal
- Feb 4, 2022
Decrypto-ing IBC: Virtual Currency Exchanges in Insolvency (Part 1)
-Ribhav Pande and Daksh Aggarwal† Introduction Virtual currencies (‘VCs’), especially cryptocurrencies, have garnered significant...
Dr. Geeta Gouri
- Oct 11, 2021
Contracts - A Competition Issue or a Marketing Strategy
-Dr. Geeta Gouri† Business runs on contracts. Periodic allegations of contracts as anti-competitive are raised with the Competition...
Rishav Sen and Faizan Ahmad
- Oct 7, 2021
Inside the Mind of Insiders: Introducing an ‘Innocent Tippee’ Defence in India
-Rishav Sen and Faizan Ahmad† 1. INTRODUCTION Insider trading can be defined as trading in a company's securities based on material...
Rahul Singh and Prannv Dhawan
- Oct 5, 2021
Lawyers as Norm Entrepreneurs
- Rahul Singh and Prannv Dhawan† In popular culture, a commercial lawyer is perceived as a self-oriented professional providing...
Anuj Dubey and Amay Bahri
- Sep 23, 2021
Discerning 'time value of money' under IBC: A Tale of Muddled Jurisprudence
Anuj Dubey and Amay Bahri† Introduction The Insolvency and Bankruptcy Code 2016 (“IBC” or “the Code”) was envisaged as a game-changer...
Aditendra Singh and Livie Jain
- Sep 23, 2021
An Unwarranted Expansion of Jurisdiction of Debt Recovery Tribunals: The Allwyn Alloys Case
Aditendra Singh and Livie Jain † This article seeks to address concerns as to the extent of the jurisdiction of the DRT, in the backdrop...
Rajat Sethi
- Sep 21, 2021
An alternative approach to a Code of Conduct for the Committee of Creditors in an IBC Process
Rajat Sethi† Recently the Standing Committee on Finance in a report placed before the Parliament on 3 August 2021 stated that “there is...
Rahul Singh & Tatheer Fatima
- Sep 18, 2021
De-encrypting Crypto: (Plain old) Jamtara or White Hat?
Rahul Singh & Tatheer Fatima† Here’s a quiz: if your bank account gets swindled by Jamtara folks, what are the chances you will negotiate...
Ajar Rab and Madri Chandak
- Sep 18, 2021
Promoting Arbitration and Killing it: The Curious creation of ‘Statutory Arbitration’
Ajar Rab & Madri Chandak† The cornerstone of a voluntary mechanism to adjudicate disputes outside the court system is parties’ consent or...
Aarthi Sivanandh, Hitoishi Sarkar and Naman Katyal
- Aug 11, 2021
Debunking the Indian Central Bank’s Flip Flop on Mauritian Capital
Aarthi Sivanandh, Hitoishi Sarkar and Naman Katyal† On 12 February 2021, the Reserve Bank of India (RBI) clarified its position on...
Rajat Sethi
- Aug 5, 2021
The Videocon Insolvency Resolution Process: Is reading between the lines warranted?
NCLAT appears to have been influenced by the observations of the NCLT on two points, a substantial haircut and a breach of confidentiality.
Prisha Tejani and Umang Pathak
- Jul 21, 2021
A Radical relook at CIRP: Ensuring Implementation of the Resolution Plan
-Prisha Tejani and Umang Pathak† Introduction In 2017, Deccan Chronicle Holdings Ltd., which owns two major daily newspapers in India –...
Rajat Joneja and Kartikey Gupta
- Jul 21, 2021
Arbitrations under the MSMED Act: Supreme Court clarifies but falls short
-Rajat Joneja and Kartikey Gupta † Introduction The Micro, Small and Medium Enterprises Development Act, 2006 (“Act”) is a comprehensive...
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