[Job Michael Mathew is a 4th year BA.LL.B (Hons) student at NALSAR University of Law. The first part is available here.] Commodity Mutual Funds and Exchange Traded Funds? In light of the above discussion, an investment vehicle like a mutual fund that invests in cryptocurrency and issues units of the fund in return for investing in the fund can be termed a commodity mutual fund since the...
Cryptocurrency Investment Vehicles in India: Possibilities and Challenges – Part 1
[Job Michael Mathew is a 4th year BA.LL.B (Hons) student at NALSAR University of Law] Introduction In October 2009, for every dollar one could purchase 1309 bitcoins. At the beginning of 2017, the price of one bitcoin was close to $1000. It attained $5000 in October and nearly doubled in November. In December it rose to $20000 in some exchanges. This post does not attempt to document the reasons...
Side-pocketing: A plausible liquidity management tool for the Indian mutual fund industry
[Param Pandya is a Research Fellow in the Corporate Law and Financial Regulation vertical at Vidhi Centre for Legal Policy. The author is thankful to Prof. Jayanth R Varma, Indian Institute of Management, Ahmedabad for his valuable comments. Views are personal. This post was first published in the Oxford Business Law Blog] An illiquid asset may lead to reduced returns and increased redemptions in...
Fork in the Road – Nissan’s Arbitration Against India
[Utsav Prashar is a 2014 graduate of NALSAR University of Law] The legal maxim Ubi jus ibi remedium expresses that there is no wrong without a remedy.[1] In the landmark case of Ashby v. White,[2] the House of Lords observed: “When the law clothes a man with a right he must have means to vindicate and maintain it……and it is a vain thing to imagine a right without a remedy”.[3] The...
Educoncours’ 1st International Essay Writing Competition on Corporate Law, 2018
[Announcement on behalf of Educoncours] About the Competition The competition aims at allowing law students to express their opinions with the world, which includes some suggestions, critical analysis of the present corporate world, their innovative ideas which might lead to some widespread contribution in this area of law. This is an opportunity for every law student to discover this wide ambit...
Freezing Injunctions in Commercial Disputes
[Niranjan Sankar Rao is a fourth year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat] In this post, I attempt to differentiate between the approaches taken by the Bombay and Delhi High Courts on freezing injunctions. This subject has not received much certainty in commercial disputes despite its popularity in intellectual property rights infringement cases. I attempt to...
Scope of Moratorium under Section 14 of the Insolvency & Bankruptcy Code, 2016 – An Analysis
[Maneck Mulla is the Proprietor of M Mulla Associates, Mumbai] The prohibition contained in section 14 of the Insolvency and Bankruptcy Code 2016, (“the Code”) against the initiation and continuation of legal proceedings has recently been a topic of discussion in rulings of the National Company Law Appellate Tribunal (“NCLAT”) and the High Court of Allahabad and has now become an open question of...
Implications of SEBI (Intermediaries) (Amendment) Regulations, 2017
[Rishabh Chawla is a 5th year B.A., LL.B.(Hons.) Student, National Law Institute University in Bhopal] Introduction On May 26, 2008, the Securities and Exchange Board of India (SEBI) notified the SEBI (Intermediaries) Regulations, 2008 (Regulations). They provide for a comprehensive regulation over all intermediaries on various requirements such as registration, code of conduct, procedure for...
Highlights of the Insolvency Amendment Bill, 2017
[Aayush Mitruka is a lawyer based in Delhi] In an attempt to debar certain unscrupulous promoters from regaining control over a distressed company, the Insolvency and Bankruptcy Code, 2016 (Code) was amended by way of a presidential ordinance in November 2017 (Ordinance). The new provision introduced rendered certain persons ineligible to be a resolution applicant. Much has been written and...
Public Depositors as Creditors under the Bankruptcy Code: A Matter Left Unsettled
[Shashank Chaddha and Deeksha Malik are fourth and fifth year students, respectively, at National Law Institute University, Bhopal. They can be reached at [email protected] or at [email protected].] Over the past few months, the orders of the adjudicating authorities under the Insolvency and Bankruptcy Code, 2016 (“Code”) have provided much needed jurisprudence on the new insolvency...
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