top of page
SEBI’s Founders-First ESOP Reform: A Policy Shift or Slippery Slope?
The amendment recognizes the contributions of founders and aims to make it easier for startups to go public. However, it does not fully address the governance risks that arise when control and financial benefits overlap.
Adwitiya Gupta, Suprava Sahu
Sep 66 min read
Introducing Certainty to Arbitral Settlements in India: Mandating Written Agreements and Appeal Under Section 34 for Settlement Determinations
The decisions of the Tribunal on termination of proceedings due to settlement of the parties should be appealable under Section 34 of the Arbitration Act, to increase consistency, and avoid prolonging proceedings that could be without jurisdiction.
Hamza Jawed Khan, Vanshika Sharma
Sep 66 min read
Balancing Flexibility and Investor Protection: A Critical Review of SEBI’s Proposed Reforms for Asset Management Companies
While the Consultation Paper is a progressive step towards enhancing operational flexibility for AMCs, the proposed framework requires stronger safeguards to prevent regulatory arbitrage and protect retail investors.
Arihant Sethia, Keshav Kulshrestha
Sep 17 min read
Data, Debt, and Due Process: Comparative Perspectives on Treatment of Digital Assets in Insolvency
The doctrinal tension at the core is between IBC's asset maximization aim and DPDP Act's rights-oriented approach focused on user consent and purpose limitation. The lack of legislative clarity poses the threat of privacy invasions, regulatory breaches, and user trust loss.
Nidhi Kamath
Aug 316 min read
The Insolvency Tightrope: Looking at Protecting Data while Monetizing Assets
IBC’s objectives of focusing on time-bound resolution and asset maximization must be reconciled with the DPDP Act’s mandate to respect informational self-determination.
Ashish Rawat, Kinjal Ahuja
Aug 307 min read
IPO Norms Eased: SEBI's Startup Reforms Signal New Era
The broad direction of SEBI's reforms is unmistakable: a courageous move away from regulation-as-restraint towards regulation-as-catalyst. India's capital markets are being re-wired to facilitate innovation—not merely technologically, but structurally.
Ishan Verma, Pratyush Mailapur
Aug 306 min read
The Rise of the Corporate Victim: Asian Paints and the Expansion of Appellate Rights
Asian Paints should not be the beginning of corporate criminal empire-building—it should be a prompt for cautious, principled, and restrained evolution.
Kushagra Sharma
Aug 246 min read
SEBI’s Jane Street Order: Unpacking HFT Manipulation and Regulatory Shortfalls
The Jane Street saga highlights the urgent and immediate need for SEBI to undertake a transition from a model that relies on reactive enforcement to a modernistic, proactive, and integrated oversight model.
Akshansh Pandey
Aug 246 min read
Balancing Innovation and Integrity: AI in International Arbitration and Legal Practice
The integration of AI and its sub-systems in international arbitration is inevitable, but instead of blind participation in the AI race, the stakeholders must be vigilant and even de-limit such integration in certain sensitive areas, ensuring that technology remains a tool, not a tribunal.
Kushagra Mishra
Aug 246 min read
Examining Refusal to Deal in Indian Digital Ecosystems
The dynamism of digital ecosystems is transcending boundaries. To protect consumer and third-party interests against a refusal to deal abuse, dual penalty system under the Indian antitrust regime exists. However, to safeguard the legitimate business interests of dominant entities, the author advocates for the incorporation of defenses based on principles of necessity and proportionality similar to the DMA.
Mustafa Topiwala
Aug 246 min read
Analyzing Behavioral Profiling And Cross-Platform Tracking From the Lens of the Digital Personal Data Protection Act 2023
The DPDP Act marks a significant milestone toward protecting individual privacy. Still, the current practice of behavioral profiling and cross-platform tracking by digital powerhouses uplifts some important questions on the DPDP Act’s compliance with free consent and purpose limitation.
Stuti Jadaun, Garvit Garg
Aug 237 min read
Resolving Resolution: IBBI’s Remedy for Creditor Confidence
The IBBI has realized the value of market-driven resolution which it has effectively pivoted towards. The timing of the notification of these amendments must also be appreciated. India is notoriously a slow insolvency jurisdiction, and such perceptions can seriously damage credit availability in markets.
Paras Tripathi, KS Arartik
Aug 236 min read
Insolvency Without Assets? Rethinking India’s Pre-Pack Framework for MSMEs
The pre-pack insolvency framework was crafted with the best of intentions. It aimed to protect MSMEs from the procedural weight of CIRP while ensuring that their businesses could be salvaged quickly and quietly. But in practice, it remains a tool too complex, too exclusive, and too disconnected from how MSMEs actually function.
Amritanshu Rath
Aug 216 min read
One Nation, Many Taxes? Reassessing OTT Regulation after the Supreme Court’s Entertainment Tax Verdict
The broad legal reasoning adopted by the court may be invoked in future disputes, raising concerns regarding a roadmap for future regulation and taxation. Applying the aspect theory here may result in jurisdictional overreach and risk upsetting the delicate federal balance enshrined in the Constitution of India.
Charvi Jain, Saloni Ghanghas
Aug 176 min read
The Significant Role of Hedge Fund Activists vis-à-vis Minorities’ Rights Protection in M&A regime
The significant influence of hedge fund activists in the M&A regime have significantly altered the corporate governance in India. While they provide mechanism for key deals to go through, they are also able to suppress minority voices in a company which can take the form of their parochial focus on short-term profit maximization.
Jayanti Dhingra
Aug 179 min read
How Sanjiv Bhasin's Front-Running Case Exposed the Cracks in SEBI’s Regulatory Safeguards
Although India has a robust legal framework to penalize front-running, such incidents remain routine. This persistence stems not just from legislative shortfalls but also from technological, structural, and institutional enforcement deficits.
Srishti Singh
Aug 176 min read
Challenging Arbitral Institution Decisions: Time for India to Draw the Line?
This article analyzes and determines whether the Indian legislation and the judiciary are prepared to address arbitral institutions and the challenges to their quasi-judicial or administrative decisions.
Shubham Singh
Aug 166 min read
Navigating Intellectual Property Risks of AI-Generated Works Through Corporate Governance
The intersection of corporate governance and AI-related intellectual property presents a complex yet evolving opportunity which demands adaptive governance frameworks.
Rishi Dev
Aug 166 min read
India’s Increasingly Practical Outlook on Grounding Abuse Contraventions in Commercial Realities
The shift to an effects-based approach under Section 4, solidified by Schott Glass and Google 2023 & 2025, aligns India with the EU's standards, ensuring only actual conduct with proven or likely competitive harm is penalized.
Akash Gulati
Aug 156 min read
Applicability of Calderbank Offers in Arbitration: Does the Winner Take it All?
Calderbank offers systematically align private incentives with public policy by encouraging speedy and economic disposal of disputes. Litigants and arbitration participants alike are well aware that a reasonable proposal once made, carries real weight: refuse it at your peril, and you may as well pay generously in costs, even if you “win” upon merits.
Sanjana Kothari
Aug 126 min read
Déjà Suit: A Quest for Finality in SEBI’s Functions
While res judicata has been firmly applied to SEBI’s quasi-judicial functions, its administrative actions remain largely untouched by the principle.
Nandita Karan Yadav
Aug 116 min read
Discretion as Policy: RBI’s Strategic Sovereignty and New Foreign Banking Framework
The country’s policies for financial liberalization are not based entirely on ideology anymore; they depend on the situation and are carefully planned. How the RBI allows foreign banks to be involved evidences the growth and maturity of the financial system. It is putting in place a filter to invite foreign money if it follows the country’s financial rules, encourages more trust in national politics, and matches what the nation aims to achieve.
Shivanshu Shivam
Aug 116 min read
The Digital Handshake Reimagined: Can MeitY’s Consent Management System Bridge the DPDPA-Clickwrap Divide?
MeitY’s CMS serves as an accelerator in India’s journey towards informed consent in clickwrap agreements. By introducing features like purpose-specific consent, user friendly interface, consent artifacts, immutable audit trails, the CMS seeks to ensure that users are able to make the right choice while granting their consent to data processing.
Ishtmeet Kaur
Aug 116 min read
Breaking Up to Break Through: Rethinking Asset-Wise Bidding and DIP Lessons from the West
India’s unique structure makes both asset-wise bids and DIP financing hard to pull off. Courts and regulators have shown the law can support flexible sales and super-priority finance, but operationally, every step bumps into entrenched obstacles.
Shailraj Jhalnia
Aug 117 min read
bottom of page
