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Scrutinizing the Status of Settlement Agreements Under the IBC

[Neelabh Niket is a 4th Year B.A., LL.B. (Hons.) student at Hidayatullah National Law University in Raipur] On 3 June 2022, the New Delhi Bench of the National Company Law Tribunal (NCLT) in Ahluwalia Contracts (India) Limited v. Logix Infratech Private Limited (Ahluwalia) rekindled the debate on the commencement of the Corporate Insolvency Resolution Process (CIRP) by creditors on the premise of...

Call for Blog Posts: The HNLU Corporate and Commercial Law Society Blog

[Announcement on behalf of the HNLU Corporate and Commercial Law Society Blog] The HNLU Corporate and Commercial Law Blog is established under the Corporate and Commercial Law Society of Hidayatullah National Law University, Raipur and is entering its third year of operation. The Society is an independent, student-run body formed by corporate law enthusiasts of HNLU solely intending to promote...

Supreme Court on Commercial Wisdom of the Committee of Creditors

[Rohit Sharma is a Partner at Mamta Binani & Associates, Mumbai] In a judgment dated 3 June 2022 in Vallal RCK v. Siva Industries and Holdings Limited, the Supreme Court sought to hold, once again, that the commercial wisdom of the Committee of Creditors (‘CoC’) is supreme. Apart from the paramountcy of the commercial wisdom of the CoC, the Court also noted the tremendous importance of...

Call for Papers: Journal on Governance

[Announcement on behalf of the Journal on Governance] National Law University, Jodhpur is an institution of national prominence established under the National Law University, Jodhpur Act, 1999 by Rajasthan State Legislation. The University is established for the advancement of learning, teaching, research and diffusion of knowledge in the field of law. About the Journal The Centre for Corporate...

CCI Treats Non-Commercial Economic Entity as “Enterprise”

[Saloni Neema is a 3rd Year law student at Damodaram Sanjivayya National Law University Visakhapatnam] On June 3, 2022, the Competition Commission of India (“CCI”) passed a cease-and-desist order against the Amateur Baseball Federation of India (“ABFI”) for violating sections (4)(2)(a)(i), 4(2)(b)(i), and 4(2)(c) of the Competition Act, 2022 (“Act”). This post aims to critically analyze this...

Open Banking and Competition in Retail Financial Markets

[Sourav Paul is a 3rd Year B.A. LL. B (Hons.) student at the National University of Juridical Sciences, Kolkata] Rapid technological innovations are changing the fundamentals of the retail financial markets, thereby opening up a new frontier for competition in the industry. The harbingers of the radical changes in the retail banking segment are fintech start-ups, who are deploying innovative...

Blockchain Arbitration in India: Adopting the Hybrid Model Envisaged by Mexican ‘Kleros’ Case

[Raghav Saha and Harshit Upadhyay are 3rd year B.A LL.B (Hons.) students at Gujarat National Law University, Gandhinagar] The recent developments in the domain of blockchain arbitration are redefining the traditional dispute resolution mechanism. Recently, a Mexican court upheld the legal validity of an arbitral award reached using the blockchain arbitration platform, ‘Kleros.’ The idea of...

Call for Papers: Comparative Constitutional Law and Administrative Law Journal

[Announcement on behalf of the Comparative Constitutional Law and Administrative Law Journal] National Law University, Jodhpur is one of India’s premier law schools, situated in the vibrant and colourful city of Jodhpur, Rajasthan. It was established in 1999 as part of a vision of excellence in legal education through innovative methods of learning and focus on interdisciplinary studies. The...

Duomatic Principle: Neither Mere Substantial Compliance nor a Normative Right

[Sahil Aggarwal is a 4th year B.A., LL.B. (Hons.) student at National Academy of Legal Research and Studies (NALSAR), in Hyderabad and Akshat Baghmar is a 5th year B.A., LL.B. (Hons.) student at Maharashtra National Law University, Aurangabad] In its recent judgment in Mahima Datla v. Dr. Renuka Datla (2022), the Supreme Court reaffirmed the application of the ‘Duomatic’ principle in Indian...

Call for Blog Posts: Corporate Law Board of All India Legal Forum

[Announcement on behalf of the All India Legal Forum] The Corporate Law Board is an autonomous board of the All India Legal Forum. It is an initiative to engage in a discussion around corporate law and policy in India and across the globe. The Board adopts a cross-jurisdictional and multi-disciplinary approach in analysing the various corporate law issues, regulatory framework and policy...

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