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Recalibrating Insolvency Norms: The Interface Between Aircraft Objects Act 2025 and Insolvency and Bankruptcy Code 2016
The Aircrafts Objects Act safeguards the rights of global lessors without eroding the resilience of airline companies to revive under the IBC 2016.
Rishi Dev, Ayushi Sareen
Mar 186 min read
Shifting the Needle: The Meta Game of Algorithmic Collusion
By focusing on the "Meta game" of design and the "AI stack" of development, the CCI can bridge the gap between human-centric law and machine-driven markets.
Roshan Potharaju, Shiven Gupta
Mar 185 min read
Creditor Led Resolution Process: One Step Forward, Two Steps Backwards?
While the CLRP framework presents itself an progressive endeavor to introduce flexibility and efficiency into the insolvency regime, its current form contains several flaws that go to the root of the matter, compromising its efficacy.
Harshil Dey
Mar 158 min read
Droit à la déconnexion Bill of India: Right or Not?
India needs to go beyond symbolism and emulate other successful examples, such as France, by developing clear standards, strong adjudicatory bodies, and making the right realizable to all workers.
Priyasha Priyadarshni, Saksham Shivam
Mar 147 min read
Insolvency and Bankruptcy Code (Amendment) Bill 2025: Will it Actually Fix Delays and Low Recovery under the Code?
The new amendment brings changes that are certainly going to be effective for the IBC. However, we must also not overlook the on-ground problems that might be created due to the changes in the code.
Deepika Shekhawati
Mar 146 min read
When the Dust Settles on Dr Sohail Malik: Cross-Organizational IC Jurisdiction and Enforcement Gap
The decision in Dr Sohail Malik reflects judicial recognition that modern workplaces are porous and interconnected, and that rigid organizational boundaries cannot dictate access to redressal. By expanding the jurisdiction of the IC, the Supreme Court has prioritized substantive justice over formalistic limits. Yet, as with many transformative rulings, the limits of adjudication without corresponding legislative or institutional support stand exposed.
Disha Bais
Mar 96 min read
SEBI Merchant Banking Amendments: The Liquidity Effect on Underwriting
SEBI’s shift toward liquid net-worth requirements prioritizes immediate solvency over dynamic, risk-weighted metrics used in the US and EU. While this deleveraging enhances market stability, it risks institutional consolidation and reduced SME flexibility.
Aryan Chowdhury, Shaunak Saha
Mar 96 min read
Disclosure in Balance: Third-Party Funding and Security for Costs
[ Shreya is a student at National Law School of India University Bengaluru. ] The emergence of third-party funding ( TPF ) in Indian arbitration has exposed a critical gap in the legal framework governing the extent of liability of a third-party funder in arbitration. The funding received from TPF is often what provides complete financial support to claimants, who are dependent on TPF. This leads to the risk of the successful party being unable to enforce an adverse costs awa
Shreya Rajesh
Mar 86 min read
The AI Arbitrator and the Two-Tier Trap: Safeguarding Legitimacy in Automated Proceedings
An AI-assisted track can indeed make arbitration faster and more accessible. Whether it also strengthens legitimacy, however, will depend on its execution. If the rollout keeps faith with the essentials of a legitimate arbitration, it will set a credible example for expansion beyond construction.
Aditya Mudhana
Mar 87 min read
The Right to Disconnect: Critiquing Kerala’s Legislative Step Toward Work-Life Balance
The long-term success of the Bill depends on its implementation, which must overcome the structural barriers such as the power imbalance in India’s labour market where junior staff, contract workers, and those in vulnerable positions think twice before they invoke their rights fearing it will damage their relationship with managers. Therefore, a meaningful way forward requires institutional designs that reduce the personal cost of asserting rights.
Shubhranshu, Vashmath Potluri
Mar 76 min read
Tax Implications of Cross-Border Arbitral Awards: Addressing Inconsistencies in Indian Jurisprudence
[ Vaibhav is a student at West Bengal National University of Juridical Sciences . ] The advent of arbitration has not only introduced a host of complexities within arbitration law but has also extended its influence into the sphere of taxation law. The author brings to light an emerging issue in the taxability of the post-award interest component of these awards through this piece. The issue revolves around the fundamental question: under which head of income in the double ta
Vaibhav Tibrewal
Mar 710 min read
From Subsidiary to Shadow Bank: How RBI’s 2025 Directions Eliminate the Bank-Group NBFC Model
The Amendment functions as a structural foreclosure, rendering the bank-affiliated NBFC model economically obsolete. The regulatory signal is clear: diversification is viewed as arbitrage, and the era of the homogenized universal bank has returned.
Faraz Ahmad, Mantasha Khan
Mar 66 min read
Section 36 of the Arbitration and Conciliation Act: The Enforcement Paradox in India's Arbitration Landscape
Section 36 embodies a genuine tension between the efficiency arbitration promises and the accountability that public policy requires. The problem is not judicial oversight itself but its execution without temporal constraints and procedural clarity.
Gurman Narula, Sharad Khemka
Mar 47 min read
Managerial Liability under Companies Act and Insolvency of Corporate Debtor: Three Interventions
It bears no further reiteration that a proceeding under Sections 241–242 cannot be stifled by the commencement of CIRP or the approval of a resolution plan.
Sourya Mukherji
Mar 16 min read
Revisiting Permanent Establishment under the OECD’s 2025 Update: Sectoral Impact and Implications for India
The 2025 update of the OECD commentary represents an important step towards harmonizing the definition of PE in modern business practices in cross-border remote work and mobile extractive industries.
P Jaishree, Soham Agrawal
Feb 288 min read
The Hollow Promise of Confidentiality: A Look at Section 42A
If confidentiality is to move from principle to practice, Section 42A requires structural repair. The gaps identified earlier demand legislative intervention.
Devansh Shrivastava, Udayaditya Banerjee
Feb 286 min read
RPT Aggregation Irrespective of Common Contract: Implications of SAT’s Linde India Order
This article examines the SAT order’s interpretation of the RPT framework with respect to materiality assessment, and delineates regulatory implications for industry stakeholders.
Suditi Selvam
Feb 277 min read
Digital Governance Without Legal Accountability: Re-examining SEBI’s Fourth Amendment Regulations 2025
The current framework has critical shortcomings that demand targeted reforms to instill genuine accountability.
Inika Dular
Feb 276 min read
Re-conceptualizing Materiality in Related Party Transactions: Lessons from SAT’s Linde India Ruling
The Linde Judgement is a major step towards a more substance oriented and shareholder centric RPTs regime in India.
Alfiya Noor
Feb 227 min read
SEBI’s Revamped RPT Regime: Aligning Oversight With Scale and Transparency
The recent amendments by SEBI in the LODR aligns with the effort to maintain the governance standards in response to changing realities of the market.
Ali Asghar
Feb 227 min read
The "Embedded Clause" Fallacy: How High Courts are Unraveling Soma Presumption in Indian Arbitration
Until courts stop treating boilerplate jurisdiction clauses as “embedded” seat designations, the conundrum of Indian arbitration will persist. The ghost of BALCO has not yet been exorcised; it has merely found a new home in the “exclusive jurisdiction” clause.
Pranava Kapur
Feb 216 min read
The Unworkable Award: Lancor Holdings and the Shift to Substantive Grounds for Challenging Delayed Awards
This article contends that this judgment rightly points out the pathologies of delay, but it is imperative to embrace a structured framework through a stringent two-pronged test in differentiating between: (1) procedural illegality due to delay itself and (2) the substantive prejudice due to delay under the rules of grounds of public policy under Section 34.
Soumya Dubey
Feb 216 min read
Algorithmic Collusion and the Limits of Agreement under Indian Competition Law
The CCI’s AI market study rightly recognizes algorithmic collusion as an emerging threat to competitive markets.
Ayush Agrawal
Feb 217 min read
Recalibrating Section 233: Fast-Track Restructurings, Demergers, and Minority Protection
The 2025 amendments position Section 233 at the core of India’s intra-group restructuring landscape. However, the unchanged 90 % threshold which is anchored in a bygone ownership model, hinders the workability of the fast-track mergers.
Sarthak Goyal
Feb 206 min read
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