In light of the emerging complexities and a consequent need for a designated framework to tackle the failure of banks, India must move beyond ad-hoc mechanisms and create a proactive and accountable framework.

In this article, the author identifies two major challenges revealed by the impugned judgments: lack of a statutory time limit to implement resolution plans and imprecise role of monitoring committees in ensuring implementation of resolution plans.

Clear legislative reform is essential to resolve the existing uncertainties around the power of arbitral tribunals to implead non-signatories.

Subsequent to the Mahakali judgment adopting a clear stance that the MSMED Act would override the provisions of A&C Act, the party autonomy in the arbitration agreements involving an MSME, has taken a backseat.

The reverse CIRP model remains judicially constructed and lacks a statutory base. The reforms provide structure and direction but require legislative harmonization to fully stabilize the process.

The Draft Rules promise an efficient procedural framework, but they operate within the broader ecosystem of arbitration with several other considerations involved.

The analysis below explores the ambiguity under Maharashtra private placement agency law, probes constitutional frictions with the Information Technology Act 2000 — particularly safe‑harbour protection for online intermediaries— and weighs possible repugnancy under Article 254.

In this piece, the author argues that the decision of the SC in Disortho has two main problems. First, the court fails to appropriately decide the seat. Second, the law laid down by the SC is problematic due to its misconceived implementation of party intention and the principle of separability. 

It is argued that the SC could have explored other possible remedies, such as sending the resolution plan back to CoC to remedy the non-compliances and imposing penalties on responsible entities.

The current patchwork approach (neither recognizing crypto-assets as legal tender nor banning them outright, coupled with a flat 30% tax on gains) leaves investors and service providers in limbo.

The EU's CBAM presents India with a tough but necessary choice: resist and lose competitiveness or adapt and emerge stronger. While critics argue carbon pricing hurts MSMEs, the alternative—paying full CBAM levies—is worse.

Embracing a similar test in the IBC would avert unjust denial of valid financial claims dressed only as penalties. It would further strengthen creditor participation in the committee of creditors, allowing more balanced participation in the collective settlement process.

SEBI’s 2025 consultation paper mark a progressive step toward enhancing the ease of doing business, operational clarity, transparency and investor inclusiveness in the REIT and InvIT frameworks.

While the power of modification may not necessarily be antagonizing to the Indian arbitration regime, the source of such power shall be through legislative means rather than judicial craftiness.

While the BPSL-JSW is already forming into a landmark precedent in the IBC landscape, it risks creating a precedent, which undermines the revival aspect of IBC and has the possibility of deterring future CIRP proceedings.

Successful implementation of ESG reforms can only take place if there is collaboration among regulators, rating agencies, corporates, and investors.

Acquisition of majority stake by Torrent group from CVC Capital in Gujarat Titans marks a start of an upcoming trend where franchise sports are going to become a key strategic investment area for corporate investors in India.

Recent developments in the space sector have opened numerous opportunities for mergers and acquisitions, with foreign entities like SpaceX and Blue Origin showing interest in emerging Indian boutique firms.

The 2024 amendment is undoubtedly a step in the right direction for cross-border M&A in India. However, the continued ambiguity surrounding round-tripping and layered transactions limits its potential.

The author believes that any attempt to characterize the units as equity rather than hybrid would affect the very artificial juridical character of these investment trusts as trusts.

It is a need of an hour for India to tailor certain reforms, like easing lending restrictions for IBC-approved assets, permitting controlled use of target collateral, creating special IPO windows, and expanding high-yield debt options, would allow the Indian market to benefit from LBOs, alongside also being cautious. 

The introduction of DPDPA necessitates significant changes in the marketing strategies employed by entities relying on personalization and targeted advertisement.

As the regulatory perimeter expands and matures, the distinction between corporate issuers and trust-based entities will continue to blur—at least in terms of compliance expectations.

Gayatri Balasamy seeks to avoid the blunt injustice of all-or-nothing review, but its doctrinal scaffolding is built on inference rather than enactment.