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Beyond Coordination: Designing Statutory Consolidation for India's Group Insolvencies
The blog puts forth the idea of having a statutory synergy threshold test with a 75% equity ownership trigger, based on value-flow modelling, which would facilitate comprehensive resolutions and help in unlocking the value trapped in India's 300+ group-linked NPAs.
Akshit Dwivedi, Dipti Singh
13 minutes ago6 min read
Beyond Ownership: Government Licences and the Limits of IBC's Rescue Objective
This article argues that the Supreme Court’s decision undermines the rescue-oriented objective of the IBC and examines potential solutions adopted by major jurisdictions worldwide.
Priya Sharma
3 days ago7 min read
Defining the Defaulter: The Minimum Standards Governing LP Default Provisions in AIF
The article proposes that SEBI amend the PPM template under Annexure 1 of the master circular for AIFs to prescribe minimum standards governing default identification, consequences, and the routing of default proceeds.
Jai Narayan
4 days ago6 min read
Nominated but Not Protected: Why The DPDPA's Post-Mortem Framework Betrays Puttaswamy
This piece argues that the DPDPA’s post-mortem framework, when measured against Puttaswamy’s dignity based privacy foundation, is structurally inadequate.
Yash Kumar
6 days ago6 min read
GAAR v/s MLI (PPT): A Redundant Backstop or a Double-Jeopardy Overlap?
[Krupali is a student at Gujarat National Law University.] On 15 January 2026, the Apex Court in Tiger Global International II Holdings v. AAR (Tiger Global) denied treaty relief under the India-Mauritius DTAA, relying on the doctrine of substance over form. Eleven months before then, in SC Lowy PI (LUX) SARL v. ACIT (SC Lowy), the Income Tax Appellate Tribunal, Delhi delivered India’s first judicial application of the principal purpose test (PPT). This was followed by the In
Krupali Amit Vadgama
Sep 238 min read
The Third Lane: RBI's FCE Classification Gap
The RBI already has everything it needs for the purpose. It has a standalone control test; policy authority sitting with DPIIT; and administrative authority over the rules. All it needs is for one specific lacuna to be filled, namely, who takes charge in case of conflicting or inconsistent sector-specific interpretations of the control tests.
Neeve Anand
Sep 205 min read
Binding the Non-Signatory: SIAC PPOS, the Group of Companies Doctrine, and the Enforcement Problem
The PPO framework has been extensively discussed by practitioners and scholars, attracting criticism ranging from inadequate opportunity to be heard, to enforcement problems arising from the provisional nature of these orders.
Kanha Pandey, Madhav Kulkarni
Sep 207 min read
Banned Games, Trapped Funds: PROGA’s Refund Gap and Missing Refund Route
This post argues that PROGA classified the game but not the money held through it. By deleting draft Rule 24, the Rules left users with a restitutionary right but no clear means of receiving payment.
Prabhas Kumar, Atharv Garg
Sep 206 min read
Time to “Change:” Tata Sons Saga
India does not have one disclosure gap above Tata Sons. It has two disclosure regimes that were each built to answer a different question; company law asks who controls, securities law asks what happened. Neither could have been possibly designed having a multi-tier, trust-controlled, unlisted promoter sitting above a listed group in mind.
Anushka Aggarwal
Sep 196 min read
Between Assistance and Adjudication: Defining the Role of AI in Judicial Decision-Making
As AI becomes increasingly integrated into the justice system, the regulatory framework must evolve to safeguard the accuracy, accountability, and public confidence in judicial decision-making.
Keshav Agarwal, Rajbeer Singh Saluja
Sep 185 min read
Small and Medium REITs and the Insolvency Question SEBI Never Answered
The central thesis: India has a statutory answer for retail investors stranded inside a single insolvent asset-holding company; it has simply never been asked whether that answer was built wide enough to reach this particular investor.
Pranay Rajesh Sonkusare
Sep 176 min read
The Illusion of Standardisation: Why SEBI’s New AIF Voting Rules Miss the Mark
The AIF industry is quite significant and permitting a system that allows conflicted manager to influence deals for their own profit is detrimental. SEBI can easily avoid this by applying the existing rules which govern REITs and InvITs to AIFs alongside the other reforms proposed in this blog.
Saransh Patwal
Sep 136 min read
From AGR to Aircel: How the Supreme Court Wrote Spectrum Out of IBC
Until Parliament and Insolvency and Bankruptcy Board of India catch up, TSP resolutions, as well as those of other natural resources, will sit in the gap that the Supreme Court has just defined.
Sumedha Kashyap
Sep 126 min read
Beyond Mafatlal: A Shift in GST Refund Jurisprudence
The Mafatlal principles were articulated generally in respect of refund claims, not merely those arising under the Central Excise Act.
Krishna Jani, Avani Kanswa
Sep 107 min read
Regulating the Black Box: Gaps in IFSCA's 2026 Algorithmic Trading Framework
The IFSCA's January 2026 consultation paper is a meaningful first step toward building a credible algorithmic trading framework for GIFT IFSC. However, a framework that privatises oversight to commercial exchanges and leaves third party harm without a clear legal remedy is not yet fit for the ambitions it is meant to serve.
Sakshi Jain
Sep 86 min read
Protection of Employee Equity Rights During M&A Transactions: Is the Indian ESOP Framework Adequate?
The author argues for the legal recognition and protection of vested but unexercised ESOPs by characterising them as accrued economic entitlements that should not be retrospectively impaired during acquisition transactions.
Vaanya Kesari
Sep 67 min read
Beyond Liability: Rethinking Copyright Remedies in ANI v. Open AI
ANI v. OpenAI therefore represents more than another copyright dispute involving AI.
Addepalli Aaditya Hridai, Srijan Pandey
Sep 66 min read
When Security Becomes a Defence: The Liability-Remedy Divide under Section 4 of Competition Act 2002
The inquiry against Apple will finally come to a conclusion one day. However, the dilemma that the inquiry has brought to light will remain unresolved.
Varuni Savanur, Pratyaksh Jain
Sep 56 min read
Section 240C and the ‘Blank Cheque’ Problem in Cross-Border Insolvency
This piece argues that the manner in which Section 240C has been drafted is more than just an ordinary administrative delegation and can lead to the delegation of the essential legislative function.
Kartik Kanodia
Sep 46 min read
Algorithmic Bias in IBBI's Mandatory AI Fraud Detection: Constitutional Risks to IBC Equity
The interdisciplinary blind spot of merging insolvency law, AI ethics, and constitutional due process asks for a thorough examination, as NCLT bottlenecks at the same time lower the capability of value maximization.
Akshit Dwivedi
Sep 45 min read
Reconceptualising the IBC for AI: A Case for Asset Stacks
This article argues that, instead of focusing on who owns each individual component, the IBC should recognise the corporate debtor’s commercial interest in the AI asset stack.
Raghav Krishna Agnihotri, Madhav Krishna Agnihotri
Sep 16 min read
Trademark Title Disputes in CIRP: Reconciling Value Maximisation With Jurisdictional Limits After Gloster
This article argues that insolvency law must respond to trademark title disputes through contractual structuring within the resolution plan.
Moksha Pancholi
Aug 307 min read
Third-Party Funding in Arbitration: Scope for Implementation in India
This piece explores the scope for India to implement operative frameworks to streamline the process of third-party funding in arbitration.
Anjali Iyer
Aug 306 min read
CIIRP and the Debtor-in-Possession Model: A Structural Paradox
The authors intend to analyse the CIIRP framework by positioning it against the US DIP model and examining the institutional shortcomings.
Divyanshi Srivastava, Vanshika Kamboj
Aug 296 min read
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