THE INDIAN REVIEW OF CORPORATE AND COMMERCIAL LAWS

June 28, 2020

[Soham is an Associate at Vashi and Vashi Advocates and Solicitors, Mumbai.]

There is no gainsaying in the fact that whilst an insolvency application filed by an operational creditor can be denied admission on the grounds of a ‘pre-existing dispute’, the Insolvency and...

June 26, 2020

[Sumit is a student at West Bengal National University of Juridical Sciences, Kolkata.]

Unprecedented lockdowns have severely impacted businesses and financial markets and ravaged the foundations of the economy in the country as the corporate defaults have been on the r...

June 26, 2020

[Devansh is a student at Ram Manohar Lohia National Law University.]

The unification of insolvency laws in the form of the Insolvency Bankruptcy Code 2016 (Code) has been a colossal respite to the withering economy replacing the erstwhile Sick Industrial Companies Act (...

[Rishabh and Rakesh are students at National University of Study and Research in Law, Ranchi.]

The nation-wide lockdown has led to the halting of ongoing real estate projects around the country. The Ministry of Housing and Urban Affairs (MOHUA) in its Office Memorandum...

[Preksha and Anchit are students at Gujarat National Law University.]

Under Part II of the Insolvency and Bankruptcy Code 2016 (IBC), the adjudicating authority, which is the National Company Law Tribunal (NCLT), has been given wide and extensive powers with respect to...

June 23, 2020

[Pinak Parikh is an Associate at Singhi & Co.]

In D&H India Limited v. Superon Schweisstechnik India Limited (Superon), the commercial appellate division of the Delhi High Court observed that Section 13(1A) of the Commercial Courts Act 2015 (Act) allows appeals to be pr...

[Tanvi Apte and Nishtha Goyal are students at NALSAR University of Law.]

In the last decade, there has been a global push towards mandating or encouraging reservations for women on boards of companies.[1] India is no alien to this push. Specifically, under Section 149 o...

[Yagya and Paridhi are students at Institute of Law, Nirma University, Ahmedabad.]

On 20 May 2020, a single-judge bench of the Delhi High Court in the case of Monsanto Holdings Private Limited and Others v. Competition Commission of India and Others (Monsanto) held that...

[Himanshu and Umang are students at NALSAR University of Law.]

In November 2019, the Supreme Court of India (Supreme Court), in Perkins Eastman Architects DPC & Anr. v. HSCC Ltd. (Perkins), called for an end to the practice of a party unilaterally appointing the sole ar...

June 12, 2020

[Arpit Saini is a student at National Law University, Jodhpur.]

The corona virus disease (COVID-19) has unsettled the stock markets. The increased outbreak of the virus has forced the government to impose lockdown and halt several business activities for an unforeseeabl...

[Shebani and Jai are students at Maharashtra National Law University, Mumbai.]

In its recent decision, the Supreme Court of India (SC) put an end to a long legal battle between SEAMEC Ltd. (SEAMEC) and Oil India Ltd. (OIL), and in doing so set aside the Arbitral tribuna...

[Rohit Maheshwary and Shrutika Lakhotia are students at Christ (Deemed to be University), Bangalore.]

The vicious cycle of the financial crisis followed by economic meltdown has been a reality for every country. The term ‘financial crisis’ explodes various other termino...

[Pranav Mihir Kandada is a student at NALSAR University of Law.]

The economic uncertainty brought about by the present pandemic situation has broadly resulted in two issues with respect to takeovers across the globe.

The first is the plunge in the share prices of many p...

[Shreya and Ishani are students at National Law University, Odisha.]

In a landmark judgement rendered by the apex court of India in the case of National Agricultural Cooperative Marketing Federation of India v Alimenta S.A,  a foreign award dating back to 30 years was r...

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