[Ajith Kidambi is a V year student at the NALSAR University of Law, Hyderabad] Fractional share investing could finally be a reality in the Indian stock market. The Company Law Committee, which the Ministry of Corporate Affairs constituted in 2019, had released its third report in April 2022, making several recommendations to the government to improve the ease of doing business in India and...
Call for Submissions: Trade Law and Development
[Announcement on behalf of Trade Law and Development] The Board of Editors of Trade, Law and Development is pleased to invite original, unpublished manuscripts for publication in the Winter ’22 Issue of the Journal (Vol. 14, No. 2) in the form of ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’. Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a...
The Supreme Court Reiterates the Status of Recovery Certificates under the IBC
[Abhyudaya Yadav and Adhiraj Lath are 4th year B.A., LL.B. (Hons.) students at Dharmashastra National Law University, Jabalpur] Recently, the Supreme Court of India (“Court”) in Kotak Mahindra Bank Ltd. v. A. Balakrishnan dealt with the issue of whether the issuance of a recovery certificate by a Debt Recovery Tribunal (“DRT”) can be treated as a “financial debt” within the meaning of section...
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...
Recent Comments