Blog Posts
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Mandatory Sunset Provisions in Shares with Superior Voting Rights
[Bhavya Solanki is a 4th year B.A., LL.B. (Hons.) student at the Maharashtra National Law University, Mumbai] Shares with differential voting rights [“DVR”], internationally known as dual class shares [“DCS”], are shares which have rights disproportionate to their economic ownership. DVRs include shares with superior voting rights [“SR Shares”] and shares with inferior voting rights. SR Shareholders get more than one vote…
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Making Room for Third-party Arbitration Funding in the Indian Regime
[Oshin Malpani is a penultimate year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] Third-party arbitration funding (“TPAF”) simply stated, is the funding extended to a claimant to pursue arbitration proceedings in exchange for a portion of the award (if) granted to them. It is a subset of the general third-party funding (“TPF”) that…
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Choice of Foreign Seat of Arbitration by Indian Parties: Scrutinizing its Validity
[Ashish Singh is an Advocate and Ex- Managing Associate at L&L Partners & Megha Shaw is a Final Year Law Student at The West Bengal National University of Juridical Sciences, Kolkata] The long drawn battle of choosing a foreign destination, under the Indian Arbitration & Conciliation Act, 1996, as the seat of arbitration by the domestic parties has been…
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Restrictive Immunity in Enforcement of Arbitral Awards against Foreign States
[Sparsh Mallya is a 3rd Year BBA-LL. B (Hons.) Student at O.P Jindal Global University, Sonipat] On June 18, 2021, the Delhi High Court held in KLA Const. Technologies Pvt. Ltd. v. The Embassy of Islamic Republic of Afghanistan (“KLA Const”) that prior consent of the Central Government under section 86 of the Civil Procedure Code (“CPC”) is not…
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Fractional Ownership: Recommendations for Regulation
[Malavika Devaya is an Associate at Poovayya & Co., Bengaluru] Myre Capital, a fractional ownership platform by Morphogenesis, recently made headlines by raising INR 50 crores for its offering of the integrated township Magarpatta Cybercity. A concept that is fast gaining popularity in India but has been around in developed countries for a while now,…
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“No Oral Modification” Clause: A Tussle Over Interpreting Party Autonomy
[Divyansh Pareek and Divyansh Bhardwaj are 4th and 3rd year students of National Law University Odisha respectively] The Singapore Court of Appeal in Charles Lim Teng Siang v Hong Choon Hau (“Teng Siang”) has instigated a debate on the significance and extent of party autonomy in the contract. The court held that parties in a contract consisting a “no oral modification” clause…
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Proposed Amendments to the E-Commerce Rules: Going a Step Too Far?
[Rohan Mitra is a 4th Year B.A., LL.B. (Hons.) student at Jindal Global Law School] The Department of Consumer Affairs on June 21, 2021, proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020. The proposals have been released to the public and comments and suggestions have been invited, with the deadline being extended until late July. The…
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Proportionality: A New Special Equities Exception Against Invocation of Bank Guarantees
[Rhythm Buaria is an Advocate based in New Delhi] In an appeal under section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), a Division Bench of the High Court of Delhi in Hindustan Construction Co. Ltd. v. National Hydro Electric Power Corporation Ltd., held that proportionality constitutes a special equities exception against invocation or encashment of unconditional bank guarantees. Before delving…
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Call for Papers: The GNLU Law Review
Gujarat National Law University, Gandhinagar, is one of the premier National Law Schools in India, which has contributed towards transforming legal education into professional excellence ever since its establishment in 2003. Born in 2008 as the flagship journal of Gujarat National Law University, The GNLU Law Review (‘TGLR’) is a bi-annual, student-edited, peer-reviewed journal, designed…