[Priya Maharishi is a 4th-year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat, Haryana] The issue of common ownership and its impact on the competition landscape has preoccupied the Competition Commission of India (CCI) for a long time. The concern has become pressing in the light of increase in private equity (PE) investments in India. To show some teeth in the game, the CCI...
Call for Papers: NUJS Journal on Dispute Resolution
[Announcement on behalf of the Journal on Dispute Resolution] The Journal on Dispute Resolution (‘JODR’) is the flagship biannual journal of the Mediation Clinic published under the aegis of West Bengal National University of Juridical Sciences, Kolkata. It is an open-access, student-reviewed journal and aims to provide a platform for the discussion of national as well as international...
Arbitration And Conciliation (Amendment) Ordinance, 2020: Will It Do More Harm Than Good?
[Ramkishore Karanam is a senior associate at AK Law Chambers and practices at the Madras High Court] The Arbitration and Conciliation (Amendment) Ordinance, 2020, which was promulgated on 4 November 2020 (“2020 Ordinance”), has currently created a furore. The 2020 Ordinance essentially seeks to make the following amendments: a) to grant unconditional stay of the arbitral award under section 36...
Moratorium on Termination of Contracts during CIRP: Need for a Clarification
[Ragini Agarwal and Mayank Udhwani are graduate students at the National Law University, Jodhpur] As per any standard commercial contract, initiation of insolvency against a party is considered as a material breach of the contract. Such a material breach often gives the non-defaulting party a right to terminate the contract. However, owing to section 14(1)(b) of the Insolvency and Bankruptcy...
Call for Papers | Delhi Law Review Vol XXXVI (2021)
[Announcement on behalf of the Delhi Law Review] The Delhi Law Review (DLR) [ISSN 0971-4936] is the flagship journal of the Faculty of Law, University of Delhi and is one of the oldest law journals in the country having been published since 1972. The DLR is an annual, double-blind peer reviewed journal. Types of Submissions Delhi Law Review (DLR) invites scholarly, original and unpublished...
Call for Papers: NLIU Law Review
The NLIU Law Review is the flagship journal of the National Law Institute University, Bhopal. It is a peer-reviewed academic law journal, published biannually by the students of the University. The Law Review aims to promote a culture of scholarly research and academic writing by bringing to the forefront, articles on subjects of interest to the legal profession and academia. The NLIU Law...
Extinguishment of a Personal Guarantor’s Right of Subrogation: A Critique
[Vijay Rohan Krishna is pursuing his LLM (Corporate and Commercial Laws) at NUJS, Kolkata, and Sambhawi Sanghamitra is a 3rd year B.A. LL.B. (Hons.) student at CNLU, Patna] Ever since personal guarantors were made liable under the Insolvency and Bankruptcy Code, 2016 (IBC) by way of the notification dated 15 November 2019, their rights and liabilities under the IBC have been extensively debated...
Supreme Court Rules on ‘Transfer of Winding Up Proceedings’
[Aditya Rajagopal is a graduate of NUJS, Kolkata (Batch of 2020) and is currently an associate at Shardul Amarchand Mangaldas & Co] One of the contentious issues after the enactment of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) has been regarding the transfer of pending ‘winding up’ proceedings to the National Company Law Tribunal (‘NCLT’). Section 434 of the Companies Act, 2013 (‘Act’)...
The Yes Bank – Zee Case: Settling the Discomfort around Letters of Comfort
[Debayan Gangopadhyay and Rashmi Birmole are final and penultimate year B.A., LL.B. students respectively at ILS Law College, Pune] Occasionally, a debtor’s residence in a different jurisdiction or lack of creditworthiness may attract concerns and reluctance on part of the creditor. What often follows is the need for additional credit support or a “quasi-security”. In this post, the authors deal...
Avoidance Proceedings After the Approval of the Resolution Plan
[Anjali Soni is a 2nd year student at National Law University, Odisha.] The Insolvency and Bankruptcy Code, 2016 (“IBC”) enumerates four types of vulnerable transactions, namely preferential, undervalued, fraudulent and extortionate and provides the procedure for the avoidance of the same. The resolution professional while facilitating the resolution of the corporate debtor, is dutybound to...
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