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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
The Romance and Risk of Owning a Smell: Why Trademark Law Must Be Cautious with Olfactory Marks
India’s first olfactory mark exposes both potential and danger. Scientific methods may meet graphical representation, but they should not replace the primary role of a mark to give notice and ensure stable perception among competitors and consumers.
Mahak Yadav, Nikhil Ranjan
Mar 308 min read
From Formulaic Capital to Risk-Based Supervision: SEBI’s 2026 Broker Framework
SEBI’s re-ordering in 2026, caused by up-streaming and the altered locus of risk of settlement, was, in institutional terms, the only possible course.
Shaunak Wagle, Janki Bharati
Mar 306 min read
Behind Closed Doors: The Legal and Economic Fallout of “Side Letters” in Private Equity
If compliance can be achieved with reasonable confidentiality, side letters can change from being the source of hidden privileges to the instruments of orderly governance.
Dev Kumawat
Mar 296 min read
Tax Relief for Category III AIFS: Delhi High Court's Ruling in Equity Intelligence v/s CBDT
The Delhi High Court’s decision in Equity Intelligence AIF effectively addresses a decade-long tax conundrum for Category III AIFs by applying the doctrine of impossibility.
Sanskruti Parate
Mar 296 min read
The Judicial Vacuum in CIIRP: Risk of Irreversible Asset Dissipation
The CIIRP procedure, aiming for efficiency and speed, creates a judicial vacuum which can potentially be used by the corporate debtor to dissipate assets. The 30–day mandatory notice period, removes the possibility of preventive judicial orders like asset freeze that have been proven essential and necessary as per UNCITRAL’s ATR recommendations for asset preservation. This judicial gap allows debtors to exploit specifically FEMA provisions for irreversible asset transfer.
Ritik Kumar
Mar 296 min read
Credentializing Compliance in AIFs: SEBI’s NISM Mandate for Compliance Officers
The SEBI's NISM mandate reflects an attitude which holds that the maturation of Indian private capital markets cannot be built on informal standards and, similarly, on the appointment being regarded as a mere business function.
Inika Dular
Mar 286 min read
When Data Protection Hits Deals: How DPDP Reshapes M&A Documents in India
The DPDP framework marks India’s move to a more regulated data environment. DPDP is not a replacement for the already existing sectoral rules. It involves various kinds of rules, regulations to work together simultaneously.
Suprava Sahu
Mar 286 min read
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