ArchiveApril 2018

Original Jurisdiction of the Supreme Court in Arbitral Proceedings

[Shubham Jain and Prakshal Jain are V Year B.A., LL.B. (Hons.) students at National Law School of India University, Bangalore] A Constitution Bench of the Supreme Court in a recent judgment in State of Jharkhand v. Hindustan Construction Company (“HCC”) held that even if the Supreme Court retains some degree of control over an arbitration proceeding, it does not become the court of appropriate...

Call for Papers: Insolvency and Bankruptcy Code

[Announcement from Vinod Kothari & Co.] The following are details of a paper writing competition on a topic under the Insolvency and Bankruptcy Code, 2016 (the “Code”), as detailed below: The Code in India makes a distinction between financial creditors (FC) and operational creditors (OC). FCs make a resolution plan; which should bind all- including OCs. FCs sit and decide whether and how...

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