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Case for the Codification of the Reverse CIRP in India
The growing use of reverse CIRP and the acknowledgment received by the IBBI and MCA highlight that the traditional insolvency mechanism is ill-suited to address the challenges of real estate insolvency.
Farzeen Zaman
May 106 min read
Regulatory Acquiescence in Action: SEBI Clarifies Status of IPO Advisors
Through the order, SEBI clarified that entities in purely advisory or consultative roles are not required to register as a Merchant Banker under Section 12(1) of the SEBI Act. This clarification, grounded in regulatory acquiescence and established market practice, provides meaningful relief to advisors who have operated without assuming issue management responsibilities.
Aadi Vighnesh J, Nidhi Rayudu
May 107 min read
Cooperation or Control? How Draft Part Z Conditions India's Cross-Border Insolvency Reform
The central question raised by Draft Part Z is not whether it improves India’s cross-border insolvency framework. It plainly does. The more difficult question is whether its limited reach is an unavoidable feature of cross-border insolvency or a boundary consciously drawn by the legislature.
Arihana Gohain
May 106 min read
Guilty Until Proven Fit: The Double-Edged Sword of SEBI’s Preventive Regulation
Market integrity regulation is invariably faced with a dilemma of how far precautionary provisions can be stretched until there exists a possibility of punitive action against a behavior not yet found to have occurred.
Abhimanyu Beniwal, Srushti Khule
May 96 min read
Why the IBC Prevails over the PMLA: Can Section 32A of IBC Sanitise Proceeds of Crime?
The author suggests that Section 32A protection should only be granted conditional to due diligence safeguards including cross-verification with the ED.
Ritwik Sharma
May 86 min read
New Bottle, Ol’ Wine: NSE’s IPO Puzzle
The article focuses on key aspects surrounding the impending listing of the National Stock Exchange and its implications for companies and investors in the Indian capital market.
Vasupriya Awasthi, Ketayun H Mistry
May 36 min read
What Counts as Property under the CIRP? The Spectrum Licence Conundrum
Court did not adequately discuss the provisions of the IBC to determine whether the spectrum license can be considered an asset and can be treated under the IBC.
Anushka Bhatt
May 26 min read
The Tiger Global Judgment and the Reassertion of Source-State Fiscal Sovereignty
Ultimately, Tiger Global will bring radical accountability to international investment law. The biggest question is whether unilateral source-country anti-abuse measures can be adopted within the existing treaty framework or whether renewed multilateral coordination is necessary.
Vedansh Raj
May 25 min read
Settling the Law, Unsettling the Framework: Implications of Excluding Spectrum from Corporate Insolvency Proceedings
The judgment of the Supreme Court has provided doctrinal clarity on the vexed issue of the treatment of spectrum under the IBC, but this clarity has come at a considerable cost.
Raghuvir Pratap Singh
Apr 267 min read
From Delegation to Diligence: Strengthening SEBI’s Trusted Investor Framework
The Circular eases barriers to entry and rationalised procedures by aligning capital markets in India with global best practices, and facilitated efficiency without compromising regulation. However, regulatory trust cannot exist in a vacuum. The lack of well-defined eligibility criteria, long compliance periods with the lack of well-established event monitoring, and the overdependence on intermediaries also create the issues of arbitrariness, supervisory dilution, and fragmen
Divyansh Yadav
Apr 256 min read
Exclusionary Clauses and Party Autonomy: Re-Reading Bharat Drilling Through Beckfield Drilling
This referral raises a more foundational question in contract law and arbitration: what occupies a higher pedestal, absolute party autonomy or entitlement to a legal remedy upon breach?
Mansi Awasthi
Apr 256 min read
From Treaty Shield to Tax Scrutiny: Decoding the Tiger Global Case
This case will probably initiate closer examination in similar disputes, such as the case of Blackstone Capital Partners v. ACIT (Blackstone) before the Delhi High Court, and Sanofi Pasteur Holding v. Department of Revenue (Sanofi) case before Andhra Pradesh High Court.
Abhishek Pandey, Shriyansh Sameer Mishra
Apr 1910 min read
Securities Markets Code 2025: Is it the Long-Awaited Silver Bullet?
The SMC signifies a progressive initiative to update India’s securities market by consolidating different acts into a single statute. If successfully adopted, the code will rewrite the securities market in India, redefining legislation, enforcement, and the investor experience.
Devashish Bhattacharyya
Apr 186 min read
The Turned and Twisted Model Agreements in RERA: Analysing Deviations and Disputes in MahaRERA
Regardless of the power dynamics, this article has, simply put, argued for adherence to Rule 10 of the 2017 rules, Order 60/2024 of RERA, and the annexures thereof, containing the model AFS and model AL, and, in general, the RERA.
Ayush Mathur
Apr 186 min read
AI on Corporate Boards: Challenges for India's Corporate Law Framework
To ensure that AI is implemented effectively, organizations must assess possible bias and inaccurate data prior to deploying the AI system.
Ria Garg, Arnav Laroia
Apr 177 min read
Expanding Powers, Shrinking Checks: The Accountability Deficit in the Securities Markets Code 2025
The main thesis of this article is not as broad as that, which is that the increase of the powers of SEBI under the SMC has not been offset by a corresponding increase in the supply of institutional checks to those powers.
Mridul Kumar Chaurasia
Apr 137 min read
Before the Notice, after the Damage: Parallel Proceedings under CGST Act
The line between inquiry and proceedings should therefore be drawn not at the formal commencement of adjudication through a SCN, but at the point where the State deploys coercive power against the taxpayer.
Saahil Madan, Vaishnawi Sinha
Apr 117 min read
GEI Target Rules: Monetising Emissions as Tradable Assets
The Target Rules establishes a tradable ecosystem under Section 14A of the Energy Conservation Act 2001 operationalising CCTS.
Ayushika Sinha
Apr 116 min read
From CSR to ESG: Strengthening Accountability and Shareholder Democracy
CSR introduced conscience into corporate law, but ESG must introduce consequences. India today stands between the comfort of disclosure and the necessity of enforcement. SEBI has constructed the reporting architecture, the Companies Act embeds fiduciary responsibility, and shareholder democracy is maturing into participatory oversight. However, without liability, ESG risks become CSR 2.0, a sophisticated but ultimately ineffective framework.
Arundhathi B
Apr 106 min read
The Impact of Tiger Global on Treaty Protection and Exit Strategies in India
The Supreme Court did not see the issue in Tiger Global as an isolated dispute over taxation. It viewed the issue against the broader backdrop of treaty interpretation and the play of sovereign powers.
Amritanshu Rath, Shreya Tiwari
Apr 77 min read
Due Process Gaps under Section 28A IBC Amendment Bill 2025
The proposed Section 28A of the Bill is a practical step toward resolving the long-standing problem of fragmented enforcement of third-party security and directly addresses the deadlock seen in Vistra ITCL.
Tejas Rajesh Mahtole
Apr 46 min read
Closing the Loop: Defining Dynamic Authentication under RBI’s 2025 Directions
The Directions mark an important shift away from static authentication to stronger, risk-aware controls.
Pranav Athreya
Apr 46 min read
Transitioning from Deterrence to Negotiation: Reevaluating Section 66 Post-Piramal v/s 63 Moons
The Supreme Court has indicated that its increased role in addressing fraud in insolvency will be more grounded in market logic than in corrective justice.
Prakhar Dubey
Apr 35 min read
The Securities Markets Code 2025: From a Fragmented Regime to a Unified Regulatory Vision
The SMC is a forward-looking move in the modernisation of the capital market regulation India. It goes beyond codifying the various disparate statutes in one instrument and instead attempts to effect a structural redefined securities laws.
Ananya Sonakiya, Vvanshika Singhal
Mar 305 min read
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