[Pinak Parikh is an Advocate at the High Court of Gujarat, and a B.A L.L.B (Corp Hons) graduate (2019) from the Institute of Law, Nirma University] Earlier this month, the Supreme Court in Centrotrade Minerals & Metals Inc v. Hindustan Copper Limited, while allowing enforcement of a foreign award, observed that the expression “was otherwise unable to present his case” appearing in section...
NAFED v. Alimenta SA and the Fundamental Policy of Indian Law
[Surbhi Shah is a 2019 graduate of the National Law School of India University, Bengaluru] A previous post on this Blog discussed the decision of the Supreme Court in National Agricultural Cooperative Marketing Federation of India (NAFED) v. Alimenta S.A.[1] It has been argued that the Supreme Court in its review of the merits of the foreign award and ultimate decision to refuse enforcement has...
A Good “Bad Bank”: Analysis of an Alternative tool for Resolution
[Winy Daigavane and Pavan Belmannu are 4th year B.A.LLB. (Hons.) students at the National University of Advanced Legal Studies, Kochi] With the Insolvency & Bankruptcy Code (Amendment) Ordinance, 2020 coming into force, the operation of the Insolvency & Bankruptcy Code 2016 (IBC) has been suspended for a period of six months or a for a further period not exceeding one year. This...
UK’s Corporate Insolvency and Governance Bill, 2020: A Model for India?
[Apurva Vats and Vishal Bijlani are 2nd and 3rd year students respectively of National Law University Odisha] In the midst of a global pandemic, several nations have been working towards enhancing their insolvency regimes to mitigate the current situation. The Corporate Insolvency and Governance Bill published by the UK Government on 20 May 2020 is expected to be enacted as soon as possible if...
Habitual Residence under the Indian Arbitration Regime
[Rohan Deshpande practices as a Counsel at the Bombay High Court.] The Bombay High Court in Aslam Deshmukh v. ASAP Fluids Pvt. Ltd. (decided on February 22, 2019) was concerned with a question whether the proceedings for appointment of an arbitrator arose out of a domestic or an international commercial arbitration. The question under the Indian Arbitration and Conciliation Act, 1996 (‘Act’) is...
The IBC (Amendment) Ordinance, 2020: Need to Iron Out the Creases
[Rongeet Poddar is a graduate of West Bengal National University of Juridical Sciences and Sayak Banerjee a 3rd year student at National Law University, Jodhpur] The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 was promulgated on June 5, 2020 and came into force immediately. The amendment acknowledges that the Covid-19 pandemic has harmed businesses around the world following a...
Tax Implications of the COVID-19 Response: Corporate Residency and POEM
[Manjri Singh and Vijayaditya Reddy are IV year students at NALSAR University of Law] The public health emergency caused by the corona virus pandemic has plunged the world into uncertain times. In order to ensure continuation of business in such an environment, video conferencing and other remote options are the only possibilities for conducting corporate meetings. For example, the Ministry of...
The Arbitration Workshop: First Case Summary Writing Competition
[Announcement on behalf of the Arbitration Workshop] The Arbitration Workshop announces its first Case Summary Writing Competition. The Arbitration Workshop is looking for students interested in the study of arbitration law, contracts and allied statutes to use their summarizing skills and submit a case summary on any one of the cases listed below. We would like to state that the winners of the...
NCLAT Rules on Algorithmic Collusion by Cab Aggregators
[Basu Chandola is a Research Assistant at the Jindal Initiative on Research in IP and Competition (JIRICO)] In a Samir Agrawal v Competition Commission of India (29 May 2020), the National Company Law Appellate Tribunal (‘NCLAT’) has ruled on the possibility of hub-and-spoke cartels between the cab aggregators and the drivers. The appeal arose against the decision of the Competition Commission of...
India’s Equalisation Levy: Perspectives and Tax Positions
[Hardeep Singh Chawla is an Advocate with an LL.M. in International Taxation from NYU School of Law. He may be reached at [email protected]] Much has been written about the expanded scope of the equalisation levy (“Levy” or “2020 Levy”) (see here and here) under the Finance Act, 2020. At a simplistic level, this Levy is introduced to capture into the tax net transactions that escaped...
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