Tag: Corporate Litigation
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When Arbitration Procedure Becomes Litigation
[Prashant Narang is Deputy Director – Research and Programmes and Renuka Sane is Managing Director at TrustBridge Rule of Law Foundation] Arbitration is meant to be a private, expeditious alternative to court-based dispute resolution. Yet two provisions of India’s Arbitration and Conciliation Act, 1996 (“Arbitration Act”) — section 11 (appointment of arbitrators) and section 29A (extension of time to make an award)…
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Supreme Court on the NCLT’s Jurisdiction on Matters of Fraud, Manipulation and Coercion
[Umakanth Varottil is a Professor of Law at the National University of Singapore] The “tribunalisation” of company law in India occurred several years ago with the establishment of the Company Law Board (CLB), which thereafter metamorphosed into the National Company Law Tribunal (NCLT) under the Companies Act, 2013. The benefits of such tribunalisation are well known,…
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Bridging the Gap: The Noida Toll Bridge Verdict and the Future of PPPs in India
[Disha Jain is an independent legal practitioner specialising in commercial law] The Supreme Court’s ruling in Noida Toll Bridge Company Ltd. v. Federation of Noida Residents Welfare Association has sent ripples across the infrastructure and investment sectors. It upholds the Allahabad High Court’s decision directing the Noida Toll Bridge Company Limited (NTBCL) to cease toll collection on the…
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Supreme Court on Mandatory Pre-Litigation Mediation in Commercial Court Cases
[Posted by Umakanth Varottil]
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A Comment on a Delhi High Court Ruling on Shareholder Derivative Actions
[Posted by Umakanth Varottil]
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Third Party Funding of Disputes: Easing the Burden on Stressed Litigants
[Soham Banerjee is an Associate in the Dispute Resolution team of a law firm in Mumbai] With the outbreak of the of the Covid–19 virus, litigants are under immense stress owing to the non-functioning of the courts, except only for urgent matters. The judiciary, which is, in any event, overburdened with backlog and pendency of…
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Obliterating Unnecessarys Delays: SEBI Proposes 10% Mandatory Deposits for Appeal
[Shubham Gupta is a 4th Year Student at the Institute of Law, Nirma University] The Indian judicial system is grossly afflicted with litigation, some of which tends to be frivolous. The Supreme Court, in its Sahara decision, stated that ‘ways and means need to be evolved to deter the litigants from their compulsive obsession toward…
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NCLAT Ruling on Maintainability in the Tata Sons Case
[Posted by Umakanth Varottil] Earlier this week, the National Company Law Tribunal (“NCLAT”) issued its ruling in Cyrus Investments Pvt Ltd v. Tata Sons Ltd on whether the Mistry group’s action for oppression and mismanagement in respect of Tata Sons is maintainable. Although the NCLAT ruled that the Mistry group’s petition did not meet the…
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Conversion of Tata Sons into a Private Limited Company: In Whose Interest?
[Posted by Umakanth Varottil] The proposed conversion of Tata Sons Limited from a public limited company to a private limited company has reignited the corporate governance issues that the Tata Group has faced over the last year or so. Menaka Doshi has an interesting piece (and an accompanying interview with two corporate lawyers) in BloombergQuint…