[Shubham Sancheti and Prashamsha Tulachan are 4th Year B.A., LL.B. (Hons.) studentsat NALSAR University of Law, Hyderabad] The Insolvency and Bankruptcy Code, 2016 [“Code”] entailed various interpretation lacunae and, the Central Government is constantly seeking to bridge the emerging gaps. One of such lacuna pertained to the conflict between “Winding-up” under the Companies Act [“1956 Act” or...
New Amendments Proposed to Arbitration Law to Strengthen Institutions and Improve Previous Reforms
[Devina Srivastava is a 3rd Year, BBA LL.B. (Hons.), student at Symbiosis Law School, Pune] In July 2017, a committee chaired by retired Supreme Court judge, Justice B.N. Srikrishna, submitted its report suggesting measures for improving arbitration in India by strengthening institutional arbitration and amending the Arbitration and Conciliation Act, 1996 (‘the Act’) to remove ambiguities...
CCI’s Order against Google: What Constitutes the Relevant Market?
[Sanchit Varma is a 4th year BA.LL.B (Hons.) student at NALSAR University of Law, Hyderabad] Introduction In a recent order, the Competition Commission of India (‘CCI’) imposed a 136 crore fine on Google Inc. for unfair business practices in India. The order was passed pursuant to complaints filed against Google in 2012, wherein it was alleged that the company was abusing its dominant position...
11th Annual NLSIR Symposium on the Insolvency and Bankruptcy Code
[Announcement from the National Law School of India Review] The National Law School of India Review (NLSIR), the flagship journal of the National Law School of India University (NLSIU), Bangalore is pleased to announce the 11th Annual NLSIR Symposium on the Insolvency and Bankruptcy Code. It is scheduled to be held on the 24th and 25th of March, 2018 at the Allen and Overy Hall, National Law...
Preserving the Quintessential Value of the Arbitration and Conciliation Act, 1996: Analysing the Supreme Court’s Decision in Sundaram Finance Limited v. Abdul Samad
[Amrit Singh and Megha Tiwari are both 4th year B.A., LL.B. (Hons.) students at WBNUJS in Kolkata] Arbitration has evolved as an efficacious alternative to litigation for settlement of disputes, and is now considered an important tool in promoting investment in Indian businesses. The recent amendments to the Arbitration and Conciliation Act, 1996 (the “Act”) and the subsequent judicial...
Fighting Climate Change in a Climate of Regulatory Uncertainty
[Yogini Oke is an NUJS graduate currently pursuing the Young India Fellowship] Climate change has emerged as amongst the most significant challenges of the present times. The ubiquitous nature of this problem has prompted diverse responses from stakeholders across the world addressing its many strands. The United Nations Framework Convention on Climate Change (“UNFCCC”) is an attempt of the...
Form PAS-3 for Privately Placed Issuance
[Vinita Nair is a Partner at Vinod Kothari & Company, and can be reached at [email protected]] One of the major concerns arising from enforcement of Companies (Amendment) Act, 2017 is to ensure compliance of provisions of the substituted section 42. One of the clauses of section 42 restricts utilization of monies received from subscribers of a privately placed issue of securities...
Gun Jumping – The Antitrust Way
[Aditya Sinha is a 5th year B.B.A., L.L.B (Hons.) student at College of Legal Studies, University of Petroleum and Energy Studies, Dehradun] Introduction In the legal antitrust world, the practice of actualizing a transaction before receiving the statutory clearance from the competition authority, or unauthorized co-ordination between the merging parties prior to approval, is referred to as...
Where to File for Execution of an Arbitral Award? SC settles the Debate
[Saarthak Jain is a 2nd year B.A., LL.B. (Hons.) student at National Law School of India University (NLSIU), Bangalore with a deep interest in arbitration and corporate law.] In Sundaram Finance Ltd. v. Abdul Samad, the Supreme Court this month settled the debate on the question as to whether an arbitral award is required to be filed for execution in the court having jurisdiction over the...
The Liquidation Value- ‘Erstwhile’ Benchmark for Prospective Investors
[Rohit Sharma is a Company Secretary in Kolkata, and can be reached at [email protected]] Introduction In accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (‘Code’), the interim resolution professional was required to appoint two registered valuers for the valuation of the assets of the corporate debtor. The registered valuers were appointed for the valuation of...
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