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Co-Investments and SEBI’s CIV Model: A Reform SHADOWED BY AMBIGUITIES
As foreign jurisdictions adopt flexible CI frameworks, India must also reform its approach to overcome its competitive disadvantage. Thus, timely corrections will be key to unlocking the full potential of the Indian CI ecosystem.
Anshika Kaushik
Aug 106 min read
Mergers in the Insurance Sector: Revisiting the Framework under Section 35
The fragmented jurisprudence following the Shriram case, where tribunals stepped in to harmonize overlapping statutes, underscores the urgent need for regulatory clarity. Given the legislative silence on cross-sector mergers and the potential risks identified by IRDAI, a forward-looking solution should be regulatory.
Sajjad Momin
Aug 106 min read
Award Modification under Section 34: The Precedential Value of Gayatri Balasamy
From a critical standpoint, Gayatri Balasamy is a double-edged development for arbitration law.
Sidhanth M K Majoo
Aug 108 min read
SEBI’S CIV Model: What's in Store for Investors?
SEBI’s approval of the CIV scheme as a model for co-investing in AIFs is a significant step towards modernizing the private capital market of India and aligning it with global standards. Streamlining co-investment processes, it provides much-needed flexibility and enhances the ease of doing business.
Sudarshana Mahanta
Aug 96 min read
Algorithmic Credit Risk Assessment and RBI’S Ignorance: Time for Action
As India is witnessing the rapid expansion of digital lending in its financial sector, it becomes increasingly important to redefine its regulatory framework accordingly. While the use of AI models and ML in credit risk assessment helps in improving the overall efficiency and scalability, the challenges like AI-bias, data protection, and lack of transparency call for prompt intervention.
Shivam Agrawal, Disha Daga
Aug 97 min read
Competition Law and Sustainability: Why India Needs a Course Correction
India is at a crossroads where other jurisdictions have moved rapidly to align competition law with sustainability commitments since 2023, India risks falling further behind by continuing the antithesis of sustainability and competition.
Anshika Bhadauria, Abhishek Vishwakarma
Aug 96 min read
Ghost Creditors and Phantom Claims under the IBC: A Structural Threat to the Integrity of the Committee of Creditors
[ Apeksha is a student at National University of Study and Research in Law. ] The Insolvency and Bankruptcy Code 2016 ( IBC ) was...
Apeksha Mishra
Aug 85 min read
Regulating Capital at a Cost: A Commercial-Legal Analysis of RBI’s Draft AIF Directions
The Draft Directions mark a welcome evolution from the prohibitive regime of 2023. By introducing proportionality, excluding hybrid instruments and exempts REs from compliance requirements where their exposure to an AIF scheme is limited to 5%, RBI has made significant attempt to balance systemic concerns with market growth.
Shlok Sharma
Aug 86 min read
Independent Directors in India: Guardians of Governance or Paper Tigers?
This article critically analyzes the legal obligations of independent directors in India, compares them to the situation on ground, and investigates whether recent reforms have gone far enough in transforming these “toothless tigers” into actual guardians of the public interest and shareholders. The article also gives recommendations which, if incorporated, might help empower independent directors to effectively oversee corporations.
Sarfraz Alam
Aug 36 min read
IBBI Moots Voluntary Mediation by Operational Creditors at Pre-filing Stage
The proposal, if accepted, will provide a fillip to exploring mediation in other aspects of insolvency. While insolvency mediation is an intricate issue, proactive proposals will facilitate stakeholder dialogue and aid in resolving inconsistencies.
Aryan Birewar, Sakshi Singh
Aug 37 min read
When Seconds Matter: How BSE’s Data Lapses Shook Market Trust
For the investors, the message is clear: you cannot necessarily compete on speed, but you can compete on depth by paying attention to fundamentals, checking public filings, and being sensitive to nuanced changes in company disclosures. As India's capital markets develop, it is the responsibility of both regulators and market players to maintain the faith that is the bedrock of every transaction.
Sahil Sachin Salve
Aug 35 min read
Navigating Valuation Anomalies and Regulatory Complexities in Compulsorily Convertible Debentures
Corporate strategy, financial intelligence, and regulatory discipline interact cautiously in the CCD ecosystem. Companies must view CCD transactions as long-term commitments to governance, transparency, and shareholder fairness rather than just as capital-raising activities.
Atharv Khanna
Aug 26 min read
Interplay of Competition Law and Hostile Takeovers in India
Prior to the amendment of the Act, hostile takeovers and other time sensitive acquisitions were difficult to implement due to the existence of a standstill obligation. The insertion of Section 6A is a step towards facilitating hostile takeovers in the future.
Ayush Gairola
Aug 26 min read
A Re-Evaluation of the Indian Arbitration Framework for O&M Suits in Quasi-Partnerships
The author argues that the Indian position of barring arbitration for O&M suits should be relaxed for the few companies that have been recognized by courts as quasi-partnerships.
Sanjana Rao
Aug 16 min read
Analyzing the Role of Competition Law in the Newspaper Industry of India
In this article, the author analyzes the newspaper industry of India from the lens of competition law to unravel the challenges and opportunities affecting newspapers in adapting to the dynamic environment.
Sumati Narayan
Jul 276 min read
IBBI’s Amendments to CIRP: A Step Towards Effective Resolution?
The IBBI’s 2025 amendments significantly improve India’s insolvency framework by making it more aligned with global best practices.
Paridhi Jain
Jul 275 min read
Co-Investment Vehicle: Does it Drive the Point Home?
The SEBI-recommended CIV framework is a positive measure towards simplifying the co-investment regime by eradicating duplicative compliance requirements and allowing quicker execution. Nevertheless, its limited scope, restricting participation to existing AIF investors and accredited investors, may counteract the universal objective of democratizing access to private equity opportunities.
Hemendra Vaishnav, Arzoo Kedia
Jul 267 min read
Supreme Court’s Bhushan Power and Steel Judgment: Statutory Finality v/s Article 142
The Bhushan Power case will be studied as a cautionary tale. On one side, it underscores that insolvency laws are not toy models to be treated lightly; procedural rules serve the code’s integrity. On the other, it delivers a jolt by showing that even long-implemented deals can be unwound for technical lapses, a double-edged signal to investors and professionals alike.
Aryan Chauhan
Jul 267 min read
Reassessing Margin Squeeze: A Critique of Supreme Court’s Ruling in Schott Glass v/s CCI
The Schott Glass ruling requires a structured, effects-based test in line with international best practice and appropriately directs focus away from form-based claims toward demonstrating competitive harm.
Aditya Shukla
Jul 266 min read
Behind the Corporate Veil: India's Hunt for Significant Beneficial Owners
The regulatory focus on transparency related to beneficial ownership is not an episodic event but rather a fundamental change to how corporate governance is constructed globally. Enforcement actions in India signal that regulators are serious about this shift and are committed to it going forward.
Vedansh Pathak
Jul 255 min read
Equal Say in Choosing Arbitrators: A Non-Negotiable Right
In arbitration, as in all adjudication, when one more is too many, equal say is non-negotiable.
Vanshaj Azad, Utkarsh Pandit
Jul 236 min read
From Byju’s to Bhushan: Analyzing the Insolvency and Corporate Restructuring Trajectories in India
The divergent fate of Byju’s-Aakash and BPSL indicate the increasing complexities of corporate restructuring in India, where the inflexible requirements of statutory compliance frequently come into conflict with the exigencies of business rescue.
Suhana
Jul 206 min read
Convenience Over Code: SC’s Misstep in Modifying Arbitral Awards in Gayatri Balasamy
The Supreme Court of India’s recognition of a power to modify arbitral awards under Section 34 marks a significant and controversial departure from the text, structure, and legislative intent of the Act.
Ayush Mathur, Akash Kumar Surya
Jul 208 min read
JSW-BPSL Insolvency Row: Can the Status Quo Order Open a Window for Redemption?
Although the Supreme Court of India’s decision has garnered significant criticism, it is not without its merits. It emphasizes how the integrity of the insolvency process must remain sacred. The IBC transcends the role of a simple debt recovery mechanism; it is a framework rooted in legal principles and the equitable treatment of all stakeholders involved.
Tushar Pundir, Riddhi Pandey
Jul 196 min read
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