[Shyamal Anand is a Principal Associate at Shardul Amarchand Mangaldas and Co and Divyansh Morolia a IV year student, National Law Institute University, Bhopal] As commentators have observed, arbitration is essentially a private process, having party autonomy and consent at its core. The arbitration tribunal derives its jurisdiction from the agreement of the parties. However, under some limited...
Revisiting Standard Chartered Bank: Clarifying the ‘Special Equities’ Exception to Unconditional Bank Guarantees
[Chiranth Mukunda and Vikram Raj Nanda are 2nd Year BA.LLB (Hons.) Students at the National Law School of India University, Bengaluru] In a recent decision, the Delhi High Court in Director General Project Varsha v. Navayugavanoordjv, dealt at length with the ‘special equities’ exception to the invocation of unconditional bank guarantees. Though the law in this regard is generally...
Determining the Date of Conversion for Foreign Award Denominated in Foreign Currency
[Ankur Mishra is an advocate practising in the Delhi High Court] In cases of enforcement of awards denominated in foreign currency, what should be the date of conversion of currency for the purpose of enforcement? Should it be the date of breach or should it be the date when decree is made against the judgment debtor? In case of foreign award, should the date of conversion be the date when the...
Weighing SEBI’s Approaches to Diversify the Ownership of Clearing Corporations
[Vaibhav Gautam is a third year student at NALSAR University of Law, Hyderabad] Clearing corporations (“CCs”) are integral to the securities ecosystem, as they serve as central counterparties for the trades executed on exchanges. Their primary role involves guaranteeing the settlement of trade by managing risks and providing finality to the settlements. Their nature as risk managers comes along...
Does a Pre-CIRP Security Deposit in a Court Remain an Asset of the Corporate Debtor?
[Rahul Aggarwal is an Advocate at the Punjab & Haryana High Court, and Anmol Aggarwal is a 4th-year B.A., LL.B. (Hons.) student at Rajiv Gandhi National University of Law] The Bombay High Court, in Siti Networks Ltd. v. Rajiv Suri (“Siti Networks HC”), clarified the legal position regarding the ownership of the asset of a Corporate Debtor (“CD”) deposited as a security deposit in a civil...
Levelling the Playing Field: Supreme Court Decides on Unilateral Appointment of Arbitrators
[Niti Dixit and Abhishek Tewari are Partners and Zahra Aziz an Associate at S&R Associates, Advocates] On November 8, 2024, a five-judge bench of the Supreme Court of India considered the issue of unilateral appointment of arbitrators and selection of arbitrators from a panel of arbitrators curated by Indian public sector undertakings (“PSUs”), and delivered its judgment in Central...
Analyzing SEBI’s Informal Guidance on Related Parties in Corporate Groups
[Sikha Bansal and Avinash Shetty are with Vinod Kothari & Co] The regime surrounding related party transactions (‘RPT’) under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (as significantly amended in 2021) (the ‘LODR Regulations’), is very wide and includes cross RPTs across the group. That is, transactions of a listed entity with related parties of its...
From Rescue to Ruin: The Supreme Court’s Judgment in Jet Airways and the Future of Airline Insolvencies
[Aparna Ravi is a Partner and K J Chendhil Kumar an Associate at S&R Associates, Advocates] On November 7, 2024, the Supreme Court of India in its judgment in State Bank of India v. The Consortium of Mr. Murari Lal Jalan and Mr. Florian Fritsch, directed the liquidation of Jet Airways (India) Limited, bringing an end to the five-year long saga of efforts to revive the beleaguered airline. Jet...
Virtual General Meetings: Should They be Legislated?
[Bharat Vasani is Senior Advisor – Corporate Laws and Ayush Lahoti an Associate in the General Corporate Practice, both at the Mumbai office of Cyril Amarchand Mangaldas. An earlier version of this post was published on the Cyril Amarchand Mangaldas Blog] Shareholder meetings form the bedrock of shareholder democracy in a corporate institution. They provide shareholders with the opportunity to...
Perkins to YSL: Analysing the Lack of Equality in India-Seated Multi-Party Arbitration
The landmark decision of the Supreme Court of India in Perkins Eastman Architects DPC & v. HSCC (India) Ltd. has often been praised for putting an end to the rampant practice of unilateral appointments of arbitrators and upholding the principles of impartiality and neutrality in arbitral proceedings (see here and here). The decision was also one of the first instances in Indian arbitration...
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