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Digital Personal Data Protection Bill vis-à-vis GDPR

[Raj Shekhar and Aman Yuvraj Choudhary are 4th year and 3rd year law students pursuing BA LLB (Hons.) from National University of Study and Research in Law, Ranchi] On 18 November 2022 the Ministry of Electronics and Information Technology (MeitY) published the draft Digital Personal Data Protection Bill, 2022 (DPDP Bill), which seeks to replace the earlier Personal Data Protection Bill (PDP...

Enforcement of Security Interest Against Borrower is Non-Arbitrable

[Suradhish Vats is an Associate at OliveLaw] In the recent case of Bell Finvest India Limited v. AU Small Finance Bank Limited, the Delhi High Court had the opportunity to resolve and clarify the position concerning section 11 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’) and section 11 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security...

Macro-Stress Testing for Climate Risks and Green Finance Regulation

[Manal Shah is a policy researcher in the field of Indian financial regulation] A recent study has ranked India as seventh most affected country by extreme weather events such as floods, storms and heatwaves. Another study conducted by the Council on Energy, Environment and Water (CEEW) indicates that 75% districts and half of India’s population are vulnerable to extreme climate events. In such a...

Invoking India’s Money Laundering Regime for Environmental Crimes: Impact on Businesses

[Rajat Jariwal is a partner and Saniya Mirani is an associate at Trilegal] The recent verdicts of the National Green Tribunal (“NGT”), a special tribunal in India dealing only with environmental issues, have brought to fore the money laundering aspect of environmental crimes. India’s principal anti-money laundering statute, the Prevention of Money Laundering Act, 2002 (“PMLA”) was amended in 2013...

Data-Protection in the International Arbitration Regime

[Rishav Ray is a 4th year B.A. LL.B. (Hons) student at the School of Law, Christ (Deemed to be University), Bangalore] One of the fundamental underlying principles of arbitration is ‘confidentiality’. Confidentiality and privacy act as counterparts in protecting the essence of arbitration. While confidentiality refers to the non-disclosure of materials placed during proceedings and the award...

‘Beneficial Owner’ is not a ‘Related Party’ under the IBC

[Tejas A. Jha is an Advocate, practicing in New Delhi] Recently, a major cause of concern has been highlighted by legal experts in regard to financial creditors seeking to invoke pledged shares in the corporate debtor. The concern is that when the said pledged shares are invoked, the financial creditor’s seat in the committee of creditors of the corporate debtor (“CoC”) may be put to challenge on...

Call for Papers: Centre for Corporate Research Law Journal

[Announcement on behalf of the Centre for Corporate Law Studies, ILNU] The Centre for Corporate Law Studies, Institute of Law, Nirma University (ILNU) invites submissions for its upcoming Issue of Volume 6 for Centre for Corporate Research Law Journal CRLJ ISSN 2348-**** and e-ISSN applied. About Centre for Corporate Law Studies, ILNU The Centre for Corporate Law Studies is an initiative of the...

GNLU Advanced Certificate Programme in Capital Markets & Securities Laws

[Announcement on behalf of the GNLU Centre for Business and Public Policy] Established in 2003 with an aim to become a Research-based Teaching university, Gujarat National Law University (GNLU), has always taken proactive initiatives and outlook to provide valuable and mutually beneficial services to the institution of governance, judiciary, economy and civil society, especially weaker sections...

India’s Changing Landscape of ESG Disclosures

[Aanchal Kabra is a 5th year B.A. LLB (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] Sustainable finance has been gaining considerable prominence in corporate India. This conception of finance refers to finance which integrates environmental, social, and governance (‘ESG’) criteria into business and investment decisions, in an effort to increase benefits to...

Double Materiality in Indian ESG Disclosures

[Aanchal Kabra is a 5th year B.A. LLB (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] The concept of ‘materiality’ in financial disclosures was first introduced in the United States Securities Act of 1993. Thereafter, the United States Securities and Exchange Commission (‘SEC’) has maintained a consistent understanding of what information constitutes...

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