top of page
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 24, 20256 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 23, 20257 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 23, 20256 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 21, 20256 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 17, 20256 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 17, 20259 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 17, 20256 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 16, 20256 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 16, 20256 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 15, 20256 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 12, 20256 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 11, 20256 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 11, 20256 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 11, 20256 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 11, 20257 min read
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 10, 20256 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 10, 20256 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 10, 20258 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 9, 20256 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 9, 20257 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 9, 20256 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 8, 20255 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 8, 20256 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 3, 20256 min read
bottom of page