[Akash Kumar Surya is a IV year student at the National Law School of India University, Bengaluru] When parties agree to resolve disputes through arbitration, three distinct laws typically come into play: the lex contractus (governing the rights and obligations under the contract), the law governing the validity and interpretation of the arbitration agreement (LGAA), and...
India’s Cross-Border Insolvency Framework: Time to Honour Exclusive Jurisdiction Clauses
[Vishrut Kansal is a Principal Associate at the Delhi office of Shardul Amarchand Mangaldas, and Mohd Fahad Ansari is a 4th year B.A., LL.B. (Hons.) student at NUSRL Ranchi] In cross-border commercial transactions that involve parties from India and other jurisdictions, it is common to include a clause which specifies that any dispute arising shall be subject to the exclusive jurisdiction of the...
Tax or Contractual Payment: The Prospect of an ISDS Claim
[Kartikey Mahajan is a Partner, Jatan Artur Rodrigues a Senior Associate, and Keshav Somani an Associate, all part of the Dispute Resolution practice group of Khaitan and Co. The authors would like to thank Rohan Sanjith (Paralegal at Khaitan & Co and a final-year student at Indian International University of Legal Education and Research) for his contribution] On 25 July 2024, a nine-judge...
Beyond the Judgement: Examining Mandatory Prior CCI Approval in Insolvency Through a Global Lens
[Purava Rathi and Disha Kothawade are 4th year B.A.LL.B. (Hons.) students at National Law Institute University, Bhopal (NLIU)] The recent Supreme Court ruling in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja and Others (29 January 2025) has settled the legal position that approval from the Competition Commission of India (CCI) must be obtained prior to the approval from the Committee...
GoAir Insolvency: Grounded Fleet and Flying Questions
[Jatin Yadav and Pranav Jain are fourth year B.A. LL.B(Hons.) students at Hidayatullah National Law University, Raipur] On 20 January 2025, the National Company Law Tribunal (NCLT) ordered the liquidation of Go Airlines India Limited (Corporate Debtor) after it filed for voluntary liquidation under section 10 of the Insolvency and Bankruptcy Code, 2016 back in 2023. The Corporate Debtor blamed...
Casting a Wider Net: SEBI’s Expanded Definition of “Connected Person” and “Relatives”
[Priyanshi Jain is a 5th year student at Institute of Law, Nirma University and Akhand Singh is a 3rd year student at Institute of Law, Nirma University] The Securities and Exchange Board of India [“SEBI”] on December 4, 2024 notified an amendment to the SEBI (Prohibition of Insider Trading) Regulation, 2015 [“PIT Regulations, 2015”] by way of the SEBI (Prohibition of Insider Trading) (Third...
Navigating the Choppy Waters of Anti-trust Regulation in the Maritime Industry
[Aditya Trivedi is an Associate with the Competition Advisory Services (India) LLP, New Delhi and an LL.M. student in Competition Law & Economics at the Brussels School of Competition and Vanshika Arora is a 4th Year B.A.LL.B. student at the Army Institute of Law, Mohali] In the vast tapestry of India’s economic landscape, the maritime sector stands as a pivotal contributor, shaping the...
Geopolitical and National Security Considerations in Outbound Foreign Investment
[Rajat Sethi is a Partner and Deborshi Barat a Counsel at S&R Associates, Advocates] In a world characterized by geopolitical shifts and heightened national security concerns, the realm of foreign investments is undergoing a profound transformation. Disruptive events, evolving alliances and strategic recalibrations are increasingly influencing how nations perceive the risks and opportunities...
Deciphering Tax Evasion: A Legal Perspective on Leveraging AI/ML for Robust Enforcement
[Syed Alwaz Asif is a penultimate year law student at Dr Ram Manohar Lohiya National Law University, Lucknow.] In an era where organizations and governments are inundated with vast amounts of data, the challenge of effectively detecting and preventing tax fraud has intensified. The overwhelming magnitude of information available often surpasses human capacity to discern intricate patterns and...
An Endeavour to Understand the “Endeavours” Clause and its “Legal Transplant” in India
[Shinoj Koshy and Radhika Malpani are with Luthra and Luthra Law Offices] Globalisation has led to a significant increase in the cross-border transactions and this in turn has led to “legal transplants” – a phenomenon where contracts memorializing cross-border transactions tend to include legal terms and concepts which are prevalent in other legal systems. The term “legal transplant” was coined...
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