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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 128 min read
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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 286 min read
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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 146 min read
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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 246 min read
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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 246 min read
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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 176 min read
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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 116 min read
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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
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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
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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
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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
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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
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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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Modification of Legislative Intent? Unpacking the Court's Power to Modify Award
[ Ujan is a student at National Law University Odisha. ] On 30Â April 2025, a 5-judge bench of the Supreme Court of India ( SC ) held that...
Ujan Sarkar
Jul 186 min read
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Liquidation After Approval of Resolution Plan: The IBC Faces Tough Challenges
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.
Rav Pratap Singh
Jul 117 min read
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Joinder in Question: Is India Ready to Let Arbitral Tribunals Decide?
Clear legislative reform is essential to resolve the existing uncertainties around the power of arbitral tribunals to implead non-signatories.
Ira Tiwari, Vedant Bhardwaj Singh
Jul 66 min read
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MSMED Act has an Overriding Effect Over Arbitration and Conciliation Act and Private Arbitration Clauses
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.
Praneeta Tiwari, Prithviraj Gadhvi
Jul 57 min read
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Problems with Disortho: Flawed Seat-Designation and a Backward Move in LGAA Determination
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.Â
Suyash Pandey
Jul 17 min read
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Judicial Arrogation of the Power to Modify Arbitral Awards: An Incorrect Way Forward
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.
Suyash Pandey
Jun 227 min read
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Resolution to Reversal: Cost of Procedural Lapses in BPSL-JSW Case
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.
Amishi Jain, Shatrupa Sharma
Jun 227 min read
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New Grounds, Old Problems: Challenging Arbitral Awards on the Ground of Nullity at the Stage of Execution
The position of law in Electrosteel needs reconsideration, as argued in this post, to make the enforcement process quicker and more efficient, one which allows the award-creditor to enjoy the fruits of their labour.
Abhinav Kumar
May 307 min read
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The Uncertain Nature of Symmetrical Optional Arbitration Clauses in India
Navigating symmetrical arbitration clauses can be challenging, but the judgement in Tarun Dhameja is a positive development.
Ayushi Yelimineti
May 107 min read
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Revisiting Independent Sugar: Should CCI Approval be Directory?
The article challenges the ruling in Independent Sugar by examining the statutory provisions and the judicial approach to the issue.
Khushi Vasu, Kunaal Hemnani
Mar 236 min read
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Impact of Switzerland’s Suspension of MFN Clause in India-Switzerland DTAA: A Shift in Global Tax Dynamics
The suspension of the MFN clause in the India-Switzerland DTAA is a significant shift in international tax treaties.
Suhana Roy
Mar 208 min read
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