Blog Posts
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The Blue Paper and the Pink Paper: The Interpretation of Options
[Posted by V. Niranjan] One of the most frequently encountered issues in the practice of commercial law is the construction of contractual notice requirements: a contract that confers on one of the parties the right to do something (eg exercise an option or a break clause) would ordinarily require that party to give notice to…
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Are disputes in s. 397-398 petitions capable of being referred to arbitration?
[Posted by Mihir Naniwadekar] Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:”Times New Roman”; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} A learned Single Judge of the Bombay High Court…
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Proposal to Further Boost Secondary Market Disclosures
[Posted by Umakanth Varottil] One of our pet peeves has been the considerable disparity in the primary market disclosure norms where SEBI requires extensive disclosures when a company undertakes a public offering and in the secondary market disclosures norms where companies have to make continuous disclosures post-listing. The secondary market disclosure norms are considerably weaker…
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Guest Post – Proposed Amendments to Arbitration Law: Part 2
[Posted by Umakanth Varottil] [The following post is contributed by Prachi Narayan and Aditi Pal of Vinod Kothari & Company. They can be contacted respectively at prachi@vinodkothari.com and ringee@vinodkothari.com This is a continuation of a previous post] Powers of Tribunal and interim measures: Section 17 of the Act provides that the arbitral tribunal has the…
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A Radical Idea for Restructuring Corporate Boards
[Posted by Umakanth Varottil] Last week’s Schumpeter column in the Economist carries a provocative idea that involves a complete relook at the way boards of companies are structured and operated. It borrows a proposal from an article titled “Boards-R-Us: Reconceptualizing Corporate Boards” authored by two leading US corporate law academics. The column summarizes the proposal…
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Guest Post – Proposed Amendments to Arbitration Law: Part 1
[Posted by Umakanth Varottil] [The following post is contributed by Prachi Narayan and Aditi Pal of Vinod Kothari & Company. They can be contacted respectively at prachi@vinodkothari.com and ringee@vinodkothari.com] Introduction On August 5, 2014, the Law Commission submitted to the Law Minister its 246th report on “Amendment to the Arbitration and Conciliation Act, 1996”. There…
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“Make in India” frustrated by regulations “Made in India”
[Posted by Somasekhar Sundaresan] The Delisting Regulations applicable in India have been controversial since inception. Earlier this year, SEBI published a discussion paper seeking to review them. This Blog commented on the discussion paper here. Earlier this week, in my column in Business Standard, I wrote about how tinkering with the Delisting Regulations will not…
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OECD Report on Related Party Transactions in India
[Posted by Umakanth Varottil] The topic of related party transactions (RPTs) has acquired tremendous importance lately and has been the subject matter of intense discussion and debate both on this Blog (here) and elsewhere (here, here and here). The discussions focus on the specifics and the interpretation of the Companies Act and the Rules promulgated…
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Guest Post – Delhi Airport Metro Case: Twilight Zone of the “pro-arbitration” trend
[Posted by Umakanth Varottil] [The following post is contributed by Sujoy Chatterjee who is an Advocate in New Delhi and an alumnus of the National Law University Jodhpur (’13)] In recent times, there has been a propensity towards characterizing judgments of the Indian judiciary either as “pro-arbitration” or “against the pro-arbitration trend” (for example, see…
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Guest Post – MCA amends RPT rules: Makes provisions stricter
[Posted by Umakanth Varottil] [The following post is contributed by Vinod Kothari and Shampita Das of Vinod Kothari & Company. They can be contacted respectively at vinod@vinodkothari.com and shampita@vinodkothari.com] The latest setback from the MCA has come by way of the amendments to the Companies (Meetings of Board and its Powers) Rules, 2014 (MBP Rules)…