[Rongeet Poddar is a 5th year student at the West Bengal National University of Juridical Sciences] The Working Group Report on Social Stock Exchange constituted by the Securities and Exchange Board of India (SEBI) has evaluated the prospect of introducing a ‘Social Stock Exchange’ (SSE). As acknowledged in the Report published on 1 June 2020, the Finance Minister of India had previously called...
‘Dispute Prevention’ under the India-Brazil BIT
[Vishal Hablani is a 4th year B.A.L.L.B. Hons. Student at the West Bengal National University of Juridical Sciences, Kolkata] On January 25, 2020, India inked the Investment Cooperation and Facilitation Treaty with Brazil. Effectively, it is a bilateral investment treaty (BIT) between the two countries. The newly signed BIT garnered worldwide attention owing to the unique clause it contained...
Third Party Funding in International Commercial Arbitration: Confidentiality Concerns
[Sreeja Sengupta is a 3rd year B.A. L.L.B. Hons. student at the West Bengal National University of Juridical Sciences] Confidentiality of proceedings in commercial arbitration is one of its foremost advantages. Specifically, in the field of international commercial arbitration, which involves multinational companies and sometimes even state utilities, confidentiality assumes great significance as...
Applicability of Force Majeure in Commercial Lease Agreements Amid Covid-19
[Sumit Kumar Gupta is a 4th year student at the West Bengal National University of Juridical Sciences, Kolkata] Covid-19 has unleashed an unprecedented economic crisis, and has brought with it a plethora of issues surrounding commercial lease agreements, as tenant associations increasingly seek waivers. The question whether the lockdown would entitle tenants a guarantee of waiver or claim...
Interpreting Bias in the IBC: Lessons from SBI v. Metenere Ltd.
[Eeshan Mohapatra and Shubhaankar Ray are IV year students at NALSAR University of Law Hyderabad] The National Company Law Appellate Tribunal (‘NCLAT’) in the recent decision of SBI v. Metenere Limited held that the substitution of an interim resolution professional (‘IRP’) under the Insolvency and Bankruptcy Code, 2016 was valid for the fact that the appointment of the IRP, who was...
Competition Regulatory Framework Governing Hostile Takeovers in India
[Rajat Maloo is a III year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] In 2019, the L&T-Mindtree hostile takeover battle revitalised the dialogue on the market for corporate control in India, which has until date witnessed only a few hostile takeovers. Apart from the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘Takeover...
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