Blog Posts
-
Enforcement of International Commercial Mediated Settlement Agreements
[Mayanka Dhawan is a Delhi-based Advocate and has an LLM from University College London] The advent of globalization has manifested in manifold increase in cross-border business, which has prompted commercial disputes to take new dimensions, including foreign disputants and multinational corporations. In resolving such disputes, the usual litigation did not turn out to be the…
-
Non-Arbitrability of Debt Recovery Disputes: The Need for Reconsideration
[Shagun Singhal and Khushbu Turki are third year students at National Law Institute University, Bhopal] Since the Arbitration and Conciliation Act, 1996 fails to define the contours of subject-matter arbitrability, the same has remained a bone of contention despite repeated attempts by the courts to crystallise its scope. The issue was first addressed by the…
-
Flip Structure Transactions: Regulatory Implications in India
[Divyansh Nayar is a 5th Year B.A.LL.B student and Arth Singhal a 4th Year B.A.LL.B student, both at National Law University Odisha] Over the last decade, the concept of a “flip” has gained popularity in the venture capital circles, especially amongst Indian startups seeking support from foreign investors. A “flip” transaction is one where an…
-
SEBI Informal Guidance on Receipt of Broking Income from Advisory Clients
[Rakshita Poddar is an Associate at Mindspright Legal in Mumbai] India’s financial advisory market has been developing at a rapid pace in the last decade and this required financial regulators like the Securities and Exchange Board of India (SEBI) to introduce a comprehensive and transparent set of laws for scrutinising the conduct of the market…
-
The Need to Recalibrate the Indian Approach towards Cryptocurrencies
[Santosh S is a III year student at Symbiosis Law School, Pune] Since their advent in global economic affairs, cryptocurrencies have consistently stirred controversy, fear and caution. Despite this, they have proliferated rapidly, causing some significant legal and policy considerations to arise. In tandem with this global trend, cryptocurrency trading saw an increased share in…
-
Supreme Court Decides Regarding Disciplinary Enquiry before Dismissing a Worker
[Yagya Sharma is a 4th year BA LLB (Hons.) student at the Institute of Law, Nirma University, Ahmedabad] On 20 January 2021, the Supreme Court of India held in State of Uttarakhand v. Sureshwati that the dismissal of Smt. Sureshwati by her employer cannot be interfered with merely on the ground that it did not…
-
Ramifications of the Singapore Mediation Convention in India
[Akash S. Ray and Aman Guru are fifth year B.A. LL.B. (Honours) students of Symbiosis Law School, Pune] The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Mediation Convention) is a recent development in UNCITRAL’s long term commitment to harmonisation of the international scheme of alternative dispute resolution mechanisms. By taking cues…
-
Third Party Pledgees Not “Financial Creditors”: Supreme Court
[Posted by Umakanth Varottil] An arrangement involving a third party security is not uncommon in commercial financing transactions. Here, a person (“A”) creates a security in favour a creditor (“B”) who provides financing to a third party (“C”). While a number of contract law and commercial law issues likely arise in such third party security,…
-
Franklin Templeton: Supreme Court Rules on Unitholder Democracy
[Posted by Umakanth Varottil] The winding up of six mutual fund schemes of Franklin Templeton has been mired in legal dispute. Last year, the Karnataka High Court ruled (discussed here) that the winding up of the schemes require the approval of the unitholders thereof. Upon appeal, the Supreme Court permitted the trustee of Franklin Templeton…