[Madhav Goel, Karan Gulati, Sonam Patel, and Anjali Sharma are researchers at the TrustBridge Rule of Law Foundation] Arbitration has become a widely used mechanism to resolve contractual disputes in India. It offers greater flexibility and better alignment with parties’ incentives than courts. Since the parties voluntarily choose arbitration, they are generally expected to accept the outcomes...
Calcutta High Court on Jurisdiction in Shareholder Disputes under Companies Act: An Aberration?
[Abhijnan Jha is a Partner and Urvashi Misra a Senior Associate at AZB & Partners, New Delhi] It is trite law that where a statute prescribes something to be done in a particular manner, then it ought to be done in that manner alone and not in any other manner. This is a well-recognized position, with courts having the duty to filter out any misguided attempts by litigants to bypass statutory...
Strengthening SEBI’s Investor Grievance Redressal Mechanism: Recent Efforts
[Tarun Toprani is an associate and Sumit Agrawal a partner at Regstreet Law Advisors. The authors can be reached at [email protected]] The preamble of the Securities and Exchange Board of India Act, 1992 (“SEBI Act”) begins by stating that it is “[a]n Act to provide for the establishment of a Board to protect the interests of investors in securities…”. In fact, Section 11 of the SEBI Act, which...
A Proposal to Add Mediation within India’s Corporate Insolvency Resolution Process
India’s Insolvency and Bankruptcy Code, 2016 (IBC) was introduced with the aim of improving the efficiency of the resolution process. While there is much to be credited in the law, the practice of it has shown that the process is often delayed by excessive litigation. In our forthcoming article, Aparajita Kaul and I study delays under the IBC by assessing the law through a feminist lens. We...
Emerging Dispute Resolution Solutions
[Pramod Rao is Group General Counsel, ICICI Bank. This post represents his personal views] Resolving disputes civilly among individuals, or among individuals and enterprises, is a hallmark of a civilized society. Adoption of uniform, standard procedures and processes for dispute resolution provides the required confidence to citizenry, consumers and commercial enterprises that contracts and...
Fortitude Learning: Online certificate course on International Dispute Settlement from September 24 – 27, 2021
[Announcement on behalf of Fortitude Learning] Through this course, we seek to provide the participants with an in-depth knowledge of the growing relevance of international dispute settlement mechanisms, especially international arbitration globally. This course is curated to provide the participants with a comprehensive understanding of various aspects of International Arbitration. Topics to...
BR Foundation’s Online Certificate Course on International Dispute Settlement [May 28-May 31]
[Announcement on behalf of the BR Foundation] BR Foundation is conducting an online certificate course on the International Dispute Settlement from May 28 to May 31, 2021. About the Course This course is an annual 4-day course on “International Dispute Settlement” especially focusing on the developments and growing relevance of international dispute settlement mechanism all around the...
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