[Pammy Jaiswal is a Partner at Vinod Kothari and Company, and can be reached at [email protected]] The Securities and Exchange Board of India (SEBI) has issued a discussion paper on 22 May 2019 on proposed changes to the conditions relating to a buyback. While one of the proposed changes in terms of computing the buy-back size is logical, the other change on taking the debt to equity...
Call for Papers: The National Law School of India Review
[Announcement from the National Law School of India Review] About NLSIR The National Law School of India Review (NLSIR) is now accepting submissions for its upcoming issue – Volume 32(1). The NLSIR is the flagship law review of the National Law School of India University, Bangalore, India. The NLSIR is a bi-annual, student edited, peer-reviewed law journal providing incisive legal scholarship on...
Obliterating Unnecessarys Delays: SEBI Proposes 10% Mandatory Deposits for Appeal
[Shubham Gupta is a 4th Year Student at the Institute of Law, Nirma University] The Indian judicial system is grossly afflicted with litigation, some of which tends to be frivolous. The Supreme Court, in its Sahara decision, stated that ‘ways and means need to be evolved to deter the litigants from their compulsive obsession toward senseless and ill-considered claims’. Therefore, with the aim of...
Battle for Claiming Secured Assets: Insolvency Code vs SARFAESI Act
[Jai Bajpai is a student at the School of Law, University of Petroleum and Energy Studies, Dehradun] The objective of the Insolvency and Bankruptcy Code 2016 is to determine solutions for non-performing assets. It is to provide a collective mechanism for resolving insolvency within a framework of equity and fairness to all stakeholders and to preserve economic value in the process. It prescribes...
Clipping the Powers of the CCI: Reflections from the Bharti Airtel Case
[Vrinda Aggarwal and Advik Rijul Jha are Fourth Year Law Students (BA-LLB) at Jindal Global Law School, Sonipat, Haryana] On 5 December 2018, the Supreme Court held that when there is a conflict between the jurisdiction of the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI), the latter is to prevail. Under section 18 of the Competition Act, 2002, the CCI...
The Need to Revisit Merger Control Thresholds in a Data Driven Economy
[Priyadarsini T P is a 4th year B.A LL.B (Hons) student at the National University of Advanced Legal Studies, Kochi] Implications of data on competition are manifold. One of the ways in which these manifest is when a horizontal merger takes place between two undertakings in a market where data are the input for delivery of a certain service. The adverse effects may be more serious when the market...
IBC and its Interface with Other Legislation: NCLT Clears the Air Again
[Rongeet Poddar is a final year BA LLB (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata and Yashika Gupta a fourth year BA LLB (Hons.) student at Hidayatullah National Law University] The Principal Bench of the National Company Law Tribunal (NCLT) has, in April this year, ordered the Securities and Exchange Board of India (SEBI) to de-attach the immovable...
Complexities in Regulating Artificial Intelligence & Machine Learning in the Indian Financial Market
[Rishabh Sharma is a IV Year student at NALSAR University of Law, Hyderabad] The Algorithmic Trading Market: Global Industry Analysis, Trends, Market Size, and Forecasts up to 2025 Report forecasts the global algorithmic market in trading to expand at a compound annual growth rate of 11.8 percent between the period from 2019 to 2025. In the backdrop of such a rapidly booming global trading...
RBI’s Revised Circular on Resolution of Stressed Assets
[Aayush Mitruka and Vividh Tandon graduated from ILS Law College, Pune and are currently working with law firms in Delhi and Mumbai respectively. They can be reached at [email protected] and [email protected]] The Reserve Bank of India (RBI) announced the much-awaited revised circular on resolution of stressed assets on 7 June 2019. It may be recalled that the Supreme Court had...
Call for Blog Posts: RMLNLU Arbitration Law Blog
[Announcement from RMNLU’s Society for Excellence in Arbitration Law] RMLNLU’s Society for Excellence in Arbitration Law invites guest contributions to its blog. Offers for contributions are welcome from academics (including researchers and Ph.D. students), practitioners (lawyers, NGO employees, and civil servants) and students. Blog posts could cover any area of Arbitration Law, but must (a)...
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