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Why the IBC Prevails over the PMLA: Can Section 32A of IBC Sanitise Proceeds of Crime?
The author suggests that Section 32A protection should only be granted conditional to due diligence safeguards including cross-verification with the ED.
Ritwik Sharma
May 86 min read
What Counts as Property under the CIRP? The Spectrum Licence Conundrum
Court did not adequately discuss the provisions of the IBC to determine whether the spectrum license can be considered an asset and can be treated under the IBC.
Anushka Bhatt
May 26 min read
The Tiger Global Judgment and the Reassertion of Source-State Fiscal Sovereignty
Ultimately, Tiger Global will bring radical accountability to international investment law. The biggest question is whether unilateral source-country anti-abuse measures can be adopted within the existing treaty framework or whether renewed multilateral coordination is necessary.
Vedansh Raj
May 25 min read
Exclusionary Clauses and Party Autonomy: Re-Reading Bharat Drilling Through Beckfield Drilling
This referral raises a more foundational question in contract law and arbitration: what occupies a higher pedestal, absolute party autonomy or entitlement to a legal remedy upon breach?
Mansi Awasthi
Apr 256 min read
From Treaty Shield to Tax Scrutiny: Decoding the Tiger Global Case
This case will probably initiate closer examination in similar disputes, such as the case of Blackstone Capital Partners v. ACIT (Blackstone) before the Delhi High Court, and Sanofi Pasteur Holding v. Department of Revenue (Sanofi) case before Andhra Pradesh High Court.
Abhishek Pandey, Shriyansh Sameer Mishra
Apr 1910 min read
The Turned and Twisted Model Agreements in RERA: Analysing Deviations and Disputes in MahaRERA
Regardless of the power dynamics, this article has, simply put, argued for adherence to Rule 10 of the 2017 rules, Order 60/2024 of RERA, and the annexures thereof, containing the model AFS and model AL, and, in general, the RERA.
Ayush Mathur
Apr 186 min read
Before the Notice, after the Damage: Parallel Proceedings under CGST Act
The line between inquiry and proceedings should therefore be drawn not at the formal commencement of adjudication through a SCN, but at the point where the State deploys coercive power against the taxpayer.
Saahil Madan, Vaishnawi Sinha
Apr 117 min read
The Impact of Tiger Global on Treaty Protection and Exit Strategies in India
The Supreme Court did not see the issue in Tiger Global as an isolated dispute over taxation. It viewed the issue against the broader backdrop of treaty interpretation and the play of sovereign powers.
Amritanshu Rath, Shreya Tiwari
Apr 77 min read
Due Process Gaps under Section 28A IBC Amendment Bill 2025
The proposed Section 28A of the Bill is a practical step toward resolving the long-standing problem of fragmented enforcement of third-party security and directly addresses the deadlock seen in Vistra ITCL.
Tejas Rajesh Mahtole
Apr 46 min read
Transitioning from Deterrence to Negotiation: Reevaluating Section 66 Post-Piramal v/s 63 Moons
The Supreme Court has indicated that its increased role in addressing fraud in insolvency will be more grounded in market logic than in corrective justice.
Prakhar Dubey
Apr 35 min read
EPC v. Matix: Hierarchical Approach to Debt–Equity Classification under IBC
This article suggests a hierarchical framework for debt classification under the Insolvency and Bankruptcy Code 2016 (IBC) wherein company law constraints function as threshold gatekeepers that determine whether a legally enforceable debt can arise at all, while substance-over-from analysis is put to a secondary role assessing the character of obligations that have already crystallised in law.
Niharika Shaiyam
Mar 276 min read
Rethinking Arbitration in Layered Contracts: A Supply-Chain Perspective on HPCL v. BCL
The challenge for India is not to dilute the principle of consent but to rethink how consent operates in interconnected commercial projects.
Ashutosh Mishra
Mar 196 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
Arbitration by Conduct under Part II: Analyzing the Supreme Court’s Approach in Glencore v. Shree Ganesh Metals
A clearer statutory framework is required to prevent courts from over-expanding the notion of “conduct of parties.”
Anwesha Nanda
Jan 316 min read
Reconciling Contractual Autonomy and Public Policy in Indian Arbitration
The decision clarifies that even if there is an assumption that the award is beyond what was intended in the agreement, it would not invalidate the enforceability of the award passed by the tribunal on the ground of public policy exception.
Maitri Khurana, Kavya Jindal
Jan 186 min read
When Equity Pretends to be Debt: The Anatomy of Financial Obligation in Insolvency Law
The Supreme Court's ruling in EPCC v. Matix Fertilisers upholds the integrity of corporate capital law within the IBC framework by restating the crucial differentiation between creditor debt and shareholder investment.
Qazi Ahmad Masood
Dec 21, 20256 min read
Karnataka's Domestic Worker Bill: A Major Step Forward, But is it Enough?
While the Bill creates a strong foundation, its ultimate success depends on implementation. Passing a law is only the starting point, real challenge lies in building awareness among both workers and employers, with many unfamiliar with formal procedures or maybe fearful of new obligations.
Shubhranshu, Vashmath Potluri
Dec 14, 20257 min read
Behind Closed Doors: Confidentiality in Indian Arbitration
The Supreme Court’s ruling in Kamal Gupta is a landmark decision in the field of arbitration in India. The court ensured that the arbitral process in India retained its consensual nature by excluding the intervention of non-signatories, thereby strengthening confidentiality as a statutory imperative.
Aahini Gandhi, Tanisha Brahmin
Dec 14, 20256 min read
Fixing Markets or Fixing Behaviour? Rethinking Structural and Behavioral Remedies
The SC in Crown Theatres has transformed the philosophy of competition regulation to be based on prevention and market correction rather than punishment by confirming the authority of the CCI to deliver structural and behavioral remedies.
Pathmanabhan Sooraj, Mahadev Krishnan
Dec 13, 20257 min read
Justice Nagarathna’s 144C-153 Reading: A Rigidity that Stifles DRP
The split in ACIT v. Shelf Drilling Ron exposes a deeper fault line in Indian tax adjudication: whether courts should privilege the literal boundaries of statutory text or stretch interpretation to preserve the functional life of specialized procedures.
Tarun Chittupalli, Anamika Singh
Oct 12, 20258 min read
The Promotion and Regulation of Online Gaming Act 2025: Yet Another Missed Opportunity?
The State must deliberate with the online gaming industry on a licensing regime with stricter compliance measures and penalties, rather than cutting off one of the growing industries in India completely.
Priyansh Jain
Sep 28, 20256 min read
A Misguided Approach to Lex Arbitri: Revisiting the Disortho Judgement
Disortho exemplifies the dangers of uncritical adoption of foreign jurisprudence in a distinct legal context. By prioritising the lex contractus over the law of the seat, the decision compromises the procedural autonomy of agreements and departs from established Indian and international norms on lex arbitri determination.
Satvik Mittal
Sep 14, 20256 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 24, 20256 min read
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