Blog Posts
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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…
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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…
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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…
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Supreme Court Affirms Expansive Locus Standi under Competition Law
The Supreme Court in Samir Agrawal v. Competition Commission of India (decided 15 December 2020) was concerned with some basic but important questions of law. Can a member of the public file information with the Competition Commission of India (CCI) alleging a violation of the provisions of the Competition Act, 2002 and thereby triggering an…
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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…
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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 qualified recommendation that…
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CCI’s Market Study on Private Equity: Time to Clear the Air?
[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…
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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…
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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…
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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)…
