[Karan Kamath is a B.A. LL.B. (Hons.) graduate from Symbiosis Law School, Pune. The author would like to thank Rohan Deshpande, counsel, Bombay High Court for his inputs and comments on a draft version] On 5 May 2020, a five-judge constitutional bench of the Supreme Court in Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited ruled that co-operative banks could resort to...
Unpacking the English Court Decision in Enka v. Chubb: Reversing the Sulamérica Presumption?
[Satyajit Bose is a III year BA LLB (Hons) student at the National Law School of India University, Bengaluru] On 29 April 2020, the English Court of Appeal delivered its judgement in Enka Insaat ve Sanayi S.A. v. OOO “Insurance Co Chubb”. In a landmark decision, the Court held that in the absence of an express choice of governing law, it ought to be presumed that the parties had implicitly chosen...
Buyback during COVID – 19: A Solution to Salvage Stock Prices?
[Aditya Bhayal and Prachi Tripathi are 4th year B.A.LLB (Hons.) students at NALSAR University of Law, Hyderabad] Amidst the growing uncertainties surrounding the COVID-19 pandemic, the stock markets across the world have taken a beating in the past couple of months. Both of India’s benchmark indices, NIFTY and SENSEX, have registered lowest drops in over four years, as the market has slowly...
COVID-19: A Material Adverse Change?
[Gaurang Mansinghka is a 4th year student at the Government Law College, Mumbai] The COVID-19 pandemic has disrupted human life across the globe. Stalled economies, dwindling stock valuations, supply chain disruptions and projections by various organisations indicating a gloomy economic future show that the economic contagion is spreading as fast as the virus itself. This post attempts to answer...
Frustration and Force Majeure: A Guide for the Perplexed – Part III
[Shiv Swaminathan is Professor and Associate Dean (Research) at Jindal Global Law School (JGLS). Many thanks are due to Niranjan Venkatesan for his comments; my teaching assistant, Veda Singh and to Aaditi Pradeep and Rusha Ghosh Dastidar students of JGLS, for their research assistance] This is the final part of a multi part cheat-sheet on the doctrine of frustration (technically comprising...
The Game of Jurisdictions: Arbitration and Insolvency Proceedings
[Kunal Dey is an Associate at Argus Partners, Kolkata] The Arbitration and Conciliation Act, 1996 has undergone significant changes as a result of the Arbitration and Conciliation (Amendment) Act, 2015. However, before the contours of the amendments (brought into effect on 23 October 2015) could be established by the courts, the Insolvency and Bankruptcy Code, 2016 (IBC) was introduced into the...
Frustration and Force Majeure: A Guide for the Perplexed – Part II
[Shiv Swaminathan is Professor and Associate Dean (Research) at Jindal Global Law School (JGLS). Many thanks are due to Niranjan Venkatesan for his comments; my teaching assistant, Veda Singh and to Aaditi Pradeep and Rusha Ghosh Dastidar students of JGLS, for their research assistance] This is part II of a multi part cheat-sheet on the doctrine of frustration (technically comprising...
The Prospect of AI in the ‘Virtual’ Corporate Boardroom
[Rongeet Poddar is a 5th Year student at West Bengal National University of Juridical Sciences] The Covid-19 pandemic has had a detrimental impact on businesses around the world. The crisis has forced regulators to come up with prompt responses to maintain social distancing norms in companies. The Ministry of Corporate Affairs has allowed companies to conduct virtual meetings. The Securities and...
Frustration and Force Majeure: A Guide for the Perplexed – Part I
[Shiv Swaminathan is Professor and Associate Dean (Research) at Jindal Global Law School (JGLS). Many thanks are due to Niranjan Venkatesan for his comments; my teaching assistant, Veda Singh and to Aaditi Pradeep and Rusha Ghosh Dastidar students of JGLS, for their research assistance] This is part I of a multi part cheat-sheet on the doctrine of frustration (technically comprising...
Expansion of the Scope of Public Policy: Antithesis to the Judicial Discourse in Enforcement of Foreign Awards
[Smriti Shukla and Yash Raj are 3rd year students of National University of Study and Research in Law (NUSRL), Ranchi] On 22April 2020, the Supreme Court in National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A. refused the enforcement of a foreign arbitral award on the grounds of violation of public policy. The Court, while allowing the appeal, held the award to be ex...
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