[Prashant Kumar is a 4th-year student of Faculty of Law, Jamia Millia Islamia, New Delhi] In an order dated September 24, 2021, the Competition Commission of India found United Breweries Limited (UBL), Carlsberg India Private Limited, SABMiller India Limited, and All India Brewers’ Association (AIBA), along with their respective key personnel (collectively, the Opposite Parties) guilty of...
Call for Papers by Centre for Corporate Research Law Journal (CRLJ) – CCLS
[Announcement on behalf of the Centre for Corporate Law Studies] The Centre for Corporate Law Studies is an initiative of the Institute aimed atinstitutionalizing and channelizing research on corporate and business-related aspects that take place nationally as well as globally. The Centre looks to give a necessary impetus by inculcating an outlook amongst those future corporate professionals to...
Emerging Dispute Resolution Solutions
[Pramod Rao is Group General Counsel, ICICI Bank. This post represents his personal views] Resolving disputes civilly among individuals, or among individuals and enterprises, is a hallmark of a civilized society. Adoption of uniform, standard procedures and processes for dispute resolution provides the required confidence to citizenry, consumers and commercial enterprises that contracts and...
Fortitude Learning: 3 day Online Certificate Course on Mergers and Acquisitions
[Announcement on behalf of Fortitude Learning] This course, being conducted from October 29 to October 31, 2021, seeks to provide the participants with an in-depth knowledge of the growing relevance of Mergers and Acquisitions in India as well as globally. This course is spread over 15-20 hours to provide the participants with a comprehensive understanding of various aspects of Mergers and...
Managing Significant Transactions & Arrangements with Subsidiaries: Part 2
[Himanshu Dubey and Payal Agarwal are with Vinod Kothari & Co. Part 1 is available here] Basis for assessment – standalone or consolidated? Having dealt with the parameter to be considered for various transactions, another question that may arise is whether the total revenues or expenses or assets or liabilities, as the case may be, have to be considered on a standalone basis or on a...
Managing Significant Transactions & Arrangements with Subsidiaries: Part 1
[Himanshu Dubey and Payal Agarwal are with Vinod Kothari & Co.] The seamless flow of information between a holding company and its subsidiaries is imperative for effective governance at the level of a corporate group. Since listed companies in India often function with complex structures with a number of subsidiaries, it is not feasible for the holding company to deliberate upon all the...
Resolving the Conundrum of Decree-holding Homebuyers under the IBC
[Anand Singh is a 3rd-year student of Hidayatullah National Law University (HNLU), Raipur] Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) allows financial creditors to initiate a corporate insolvency resolution process (“CIRP”) against a corporate debtor. However, whether a decree or recovery certificate holder falls under the said provision has always remained an open question...
Law Over Equity in Condonation of Delay under the IBC
[Anumeha Smiti is a final year B.A.LL.B (Hons.) student at National University of Study and Research in Law, Ranchi] In the recent matter of National Spot Exchange Limited v. Mr Anil Kohli, Resolution Professional for Dunar Foods Limited (14 September 2021), the Supreme Court reiterated the position of law on condonation of delay by the National Company Law Appellate Tribunal [NCLAT] under...
A Look at the Recently Redefined Scope of Section 9 of the IBC
[Jagrati Maru and Vaishnavi Srivastava are 5th year B.A. LL.B. (Hons.) students at Gujarat National Law University in Gandhinagar] Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) empowers an operational creditor to file an application to initiate the corporate insolvency resolution process (CIRP) against a corporate debtor. The section further lists out certain requirements which need...
Revisiting the Enforceability of ‘Foreign-Seated’ Emergency Awards Post-Amazon
[Rishav Sen is a 4th Year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat. He is grateful to Abhijeet Shrivastava and Anujay Shrivastava for providing their valuable feedback on this post] One of the primary objectives of international commercial arbitration is to ensure the enforceability of arbitral awards. To achieve this in practice, once the legal requirements for...
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