[Aakanksha Jadhav and Mustafa Rajkotwala are 3rd year B.A. LL.B. (Hons.) students at NUJS, Kolkata and NALSAR, Hyderabad, respectively] In a significant boost to party autonomy in India, the Delhi High Court explicitly recognised the compatibility of emergency arbitrations with the Arbitration and Conciliation Act, 1996 (the ‘Act’) in the recent decision in Future Retail Limited v. Amazon...
A Review of “Investment Funds in India – A Legal Handbook”
[Ganesh Rao is a partner at Trilegal] Alok Verma and Karan Trehan’s Investment Funds in India – A Legal Handbook focuses on the legal regime governing investment funds in India and, in doing so, is probably one of the first books to be published in this field. The Securities and Exchange Board of India’s (“SEBI”) SEBI (Alternative Investment Funds) Regulations, 2012 (“AIF Regulations”) are...
Decluttering the 2020 Amendment to the Arbitration and Conciliation Act, 1996
[Animesh Bordoloi is an Assistant Lecturer at the Jindal Global Law School and Hitoishi Sarkar is a III year student at the Gujarat National Law University] The recent Arbitration and Conciliation (Amendment) Ordinance, 2020 (“Ordinance”), which amended section 36, has once again put the Indian arbitration discourse in the center stage. In a rarity, the ordinance reverses the 2015...
Self-Assessment of Non-Compete Clauses: The New Normal
[Pranshu Gupta and Roopam Dadhich are 4th year B.A.LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] On 26 November 2020, the Competition Commission of India (‘CCI’) introduced an amendment to the CCI (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (‘Combination Regulations’), through which para 5.7 of Form I has been deleted making it...
Stay on NCLAT Order Rejecting Withdrawal of Resolution Plan – Unsettling the Dust Once Again
[Richa Pathak is an alumna of the London School of Economics and Indian Institute of Management, Ahmedabad and Mansi Mishra is a fourth-year student at National Law Institute University, Bhopal] The Supreme Court vide its order dated November 16, 2020, stayed the operation and effect of the judgment of the National Company Law Appellate Tribunal (“NCLAT”) in the case of Kundan Care Products...
Foreign Jurisdiction Clauses in Commercial Contracts: An Indian Perspective
[Sneha Kalia is a 5th year B.B.A. L.L.B. (Hons.) student at Jindal Global Law School, Haryana] The advent of globalisation and burgeoning international business transactions essentially necessitate contracts with carefully carved-out dispute resolution provisions so as to mitigate the hassle of litigating in an inconvenient or time-consuming forum. To further that end, the incorporation of a...
Choosing a Foreign Seat: A New Dilemma for Two Indian Parties?
[Tawishi Beria and Rakshit Assudani are 4th year B.B.A., LL.B. (Hons.) students at Jindal Global Law School, Sonipat, Haryana] The Gujarat High Court in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited (decided 3 November 2020) addressed two critical issues that have been plagued with ambiguity in the Indian arbitration framework for a long time, namely, Indian...
Analysis of SEBI’s Proposal on the Delisting Regulations
[Abhinav Gupta and Ayush Khandelwal are final year students at National Law University, Jodhpur] The Securities and Exchange Board of India (“SEBI”) on 20 November 2020 issued a consultation paper to review the SEBI (Delisting of Equity Shares) Regulations, 2009. It aims to enhance disclosures to help investors to make informed decisions, rationalize the timeline under the Delisting Regulations...
Call for Papers | International Journal on Consumer Law and Practice
[Announcement on behalf of the International Journal on Consumer Law and Practice] The National Law School of India University (NLSIU) is an institution of legal education focusing on undergraduate and graduate legal and policy education in India. The International Journal on Consumer Law and Practice (IJCLP) is a blind-peer-reviewed, law journal published annually by NLSIU under the aegis of the...
Corporate Ownership in Private Banks: Setting the Cat among the Pigeons
[Pramod Rao is Group General Counsel, ICICI Bank. This post represents his personal views] With the release of the Reserve Bank of India’s (RBI) Report of the internal working group to review extant ownership guidelines and corporate structure for Indian private sector banks, several articles and commentaries have been published. What has attracted attention has been a...
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