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The INDEX Act: A Ban on Free Reigning by Indexers
The authors list down the issues which have significantly helped in the inception of the INDEX Act in the US.
Priyanshi Jain, Simran Lunagariya
Jun 26, 20226 min read
Autonomy to Accountability: Code of Conduct Setting Standards of Transparency
Author believes that the proposed code of conduct for CoC may safeguard stakeholders against the arbitrary approval of a resolution plan.
Srushti S Kekre, Akshay Shrivastava
Jun 20, 20226 min read
Need for Judicial Scrutiny of the Commercial Wisdom of COC
The article addresses issues relating to flexibility given to COC and resolution professionals in the name of commercial wisdom under IBC.
Gaargi Singh
Jun 13, 20227 min read
Pre-Packaged Insolvency for MSMEs in India: A Shot in the Arm?
Authors analyse reasons for introduction of pre-packaged insolvency resolution process and highlight its potential challenges.
Shivam Bhattacharya, Naman Jain
Jun 1, 20225 min read
Collective Dominance Through Tacit Coordination: Application of Game Theory to Indian Antitrust Law
Authors state that collective dominance is unavoidable in an oligopoly and the same has been explained through application of game theory.
Charu Sharma, Rishabh Periwal
Apr 26, 20229 min read
Examining Retrospectivity and Discretionary Relief of Specific Performance Post-2018 Amendment
Authors remark that the Specific Relief (Amendment) Act 2018 created issues in terms of its application due to ambiguous drafting.
Payal Dubey, Shivansh Vishwakarma
Apr 19, 20229 min read
Traversing the Highs and Lows of Judicial Intervention in Arbitration
Authors appreciate the notable strides made by judiciary to achieve minimal interference in arbitration but also suggest improvements here.
Tanmay Gupta, Shobhit Shukla
Apr 16, 202210 min read
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part II
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
Arun Raghuram Mahapatra, Akshat Verma
Apr 15, 20224 min read
Causes of Inordinate Delays in the IBC and the Elixir to Cure Them - Part I
In this two-part blog, authors analyze and scrutinize some of the primary reasons for the delay in the insolvency process.
Arun Raghuram Mahapatra, Akshat Verma
Apr 10, 20227 min read
Public Policy Exception to Proposed Cross-Border Insolvency Law – Two Problems & Proposed Amendments
Author deals with 2 problematic aspects and proposes amendments to public policy exception contained in draft cross border insolvency law.
Dharmendra Chatur
Apr 7, 20224 min read
Market Definition, Power in Digital Economy and Challenge of Zero Price Markets: Time to Evolve?
Author argues that competition regulators ought to adapt to the changes and evolve in the face of zero-price markets.
Debargha Mukherjee
Apr 7, 20226 min read
Aftermarkets and the Aftermath: A Competition Law Perspective
Authors argue that the CCI has adopted an incongruent approach to the factors used in delineating separate aftermarkets.
Kavya Jha, Rishabh Chhabaria
Apr 3, 20228 min read
Tracing Reforms in Indian Securitization Regime: Careful Optimism or Throwing Caution to the Wind?
The article describes the legal regime governing securitization while understanding the implications of the recent reforms in the regime.
Vedaant Agarwal, Shivankar Sukul
Apr 2, 202211 min read
Insolvency Arbitration : Dawn of a New Era in India
Authors argue that insolvency arbitration will evolve into a niche of its own - reaping benefits that the arbitral system has to offer.
Yasaschandra Devarakonda, Sushmit Mandal
Mar 27, 202210 min read
DCF v/s NAV- Examining Valuation Concerns under the Income Tax Act
The article explores the controversy regarding the appropriate method of valuation for valuing equity under Section 56(2)(viib) of IT Act.
Anuraag Bukkapatnam
Mar 7, 20226 min read
Scale-Based Regulatory Frame(works)? Analysis of RBI’s Revised Regulatory Framework for NBFCs
Authors aim to analyse the 4 main changes under the Scale-Based Regulations that would be applicable to NBFCs.
Mehak Jain, Arush Mittal
Feb 28, 20227 min read
Secured Creditors and Registration of Interests: A Change in Rights
This article assesses the rights of secured creditors conditional to filing of security interests prior to, and after the 2016 amendment.
Sudiksha Ravi
Feb 25, 20224 min read
Retrospective Application of the Arbitration and Conciliation (Amendment) Act 2015: A Step Back?
This article seeks to analyse the ambit of Section 26 and the implications of the judgment of Ellora Paper Mills in this regard.
Rida Ameen
Feb 19, 20226 min read
The Inviolability of a Resolution Plan: Analysis by the Apex Court
The author foresees several ramifications of the SC judgment in Ebix v. Committee of Creditors of Educomp Solutions.
Sakshi Garg
Feb 14, 20226 min read
Mandatory Pre-Insolvency Restructuring: The Next Step in the Evolution of Our Insolvency Ecosystem
The author is of the view that a pre-insolvency restructuring process will arrest the flow of cases to the NCLT.
Dakshita Chopra
Feb 8, 20225 min read
Escalation Clauses - Directory or Mandatory? Dissecting the Position under Indian Law
The author dissects the position of escalation clauses under Indian law vis-à-vis the prevalent position in model law jurisdictions.
Priyanshu Shrivastava
Feb 2, 20225 min read
Analysing LLP (Amendment) Act 2021: A Revolutionary Reform in the Start-Up Era?
The author sees the amendment to the LLP Act as encouraging entrepreneurs and other professionals to consider forming LLPs.
Mainak Mukherjee
Jan 23, 20226 min read
Analysis of CCI’s Market Study on the Indian Pharmaceutical Sector
This article examines CCI's findings upon its market research on India's pharmaceutical industry.
Randeep Dahiya
Jan 15, 20226 min read
Charitable Institutions - Legal Equivocation
Section 11(1)(d) tends to dilute the script of law by dissolving the thin line between permissible tax mitigation and tax avoidance.
Avar Lamba, Shubhit Shokeen
Jan 12, 20226 min read
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