Category: Uncategorized
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Impleading Subsequent Transferees to Arbitrations
[Anushka Kanabar is a third-year student at the National Law School of India University, Bangalore] The conception of parties “claiming through or under” parties to an arbitration agreement has undergone a significant evolution since the Supreme Court judgement in Cox and Kings v. SAP India. Appearing in sections 8, 35, 45, 54, and 73 of the Arbitration…
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“Prior” CCI Approval of Resolution Plans: A Case for Legislative Amendment
[Rajat Sethi is a Partner and Akanksha Agrahari an Associate at S&R Associates] The recent judgement of the Supreme Court in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja has reignited the debate in respect of the timing for approval of the Competition Commission of India (“CCI”) for resolution plans under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The factual matrix of this…
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PWD’s Recent Notification : A Setback for Arbitration Reform in India?
[Anvita Sharma is a penultimate year student at Jindal Global Law School] As the cornerstone of resolving complex infrastructure disputes globally, arbitration is valued for its efficiency, confidentiality and enforceability. Against this backdrop, on 21 April 2025, the Public Works Department (‘PWD’) of Delhi issued a notification removing arbitration as a dispute resolution mechanism from all future contracts, thereby marking…
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Unity in Distress: Intra-Class Distinctions Among Homebuyers in Real Estate Insolvency
[Anushka Aggarwal is a third-year B.A. LL.B. (Hons.) student at the National Law School of India University, Bengaluru] The 2018 amendment to the Insolvency and Bankruptcy Code, 2016 (‘IBC’) marked a significant evolution, granting the status of financial creditors to homebuyers. As real estate insolvency cases continue to burden the courts, the question of whether homebuyers a class, united…
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Skoda’s Customs Dispute: Examining Indian Jurisprudence on Automobile Import Classification
[Parv Jain is a 4th-year B.A., LL.B. (Hons.) student at the Institute of Law, Nirma University, Ahmedabad] Late last year, Skoda Auto Volkswagen India Private Limited (‘Skoda’) received the largest tax demand ever issued to an automaker in India, amounting to $1.4 billion. The demand challenges the classification of imported parts at its Aurangabad factory. According to the customs…
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Goldman Sachs Order: A CCI Precedent Reshaping the PE Investment Landscape
[Shriyansh Singhal is a 2nd Year B.B.A., LL.B (Hons.) Student at National Law University Odisha and Lavanya Chetwani is a 3rd Year B.B.A, LL.B (Hons.) Student at National Law University Odisha] In recent years, regulatory developments in the realm of competition law in India have increasingly focused on scrutinising of Private Equity (‘PE’) investments, particularly minority stakes. The Competition Commission…
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Mediation under the IBC Framework: A Pragmatic Shift or Premature Experimentation?
[Shashyak Roy is a 1st year student and Arima Kaushal a 3rd year student at West Bengal National University of Juridical Sciences, Kolkata] In November 2024, the Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper proposing the introduction of a voluntary pre-institution mediation mechanism for operational creditors (OCs) before they initiate proceedings under section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). According to IBBI data,…
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Reforming Criminal Proceedings under the SEBI Act
[Amarpal Singh Dua is an Advocate practising before the Supreme Court of India] In the Union Budget 2021–22, Finance Minister Nirmala Sitharaman proposed a unified Securities Markets Code (“Code“) aimed at consolidating all existing securities laws into a rationalized and updated framework. In July 2023, she announced that the groundwork was complete and that the Code…
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Strangling Growth or Ensuring Stability? SEBI’s New Regulatory Framework for SMEs
[Tirth Purani and Aditi Srivastava are 4th year BALLB (Hons) students at Institute of Law, Nirma University] Small and medium enterprises (“SMEs”) constitute the backbone of the Indian economy, contributing significantly to employment generation, innovation and growth. When the question of their survival and growth emerges, capital often becomes a roadblock. An initial public offering (“IPO”) is the route often…
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Protection of Minority Shareholder Rights: Addressing Shareholder Deadlocks
[Shreeji Patel is a student at National Law Institute University, Bhopal (NLIU)] A recent ruling in Escientia Life Sciences v. Escientia Advanced Sciences (P) Ltd. dated 21 March 2025 reflects the evolving approach of the National Company Law Tribunal (“NCLT”) in resolving shareholder deadlocks. The NCLT proposed a structured buy-out mechanism after observing that a continued deadlock would jeopardize…
