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Supreme Court ruling in ArcelorMittal case – An analysis


By Mitali Daryani

The Supreme Court on 4-10-2018 allowed yet another opportunity to mining major ArcelorMittal and Russia’s VTB Capital-backed NuMetal to bid for Essar Steel provided they clear their Non-Performing Asset (NPA) dues in two weeks. The bench comprising Justice R. F. Nariman and Justice Indu...

Data Principal and Data Fiduciary in the Personal Data Protection Bill, 2018

 
By Ahalya Chalasani,
 

The Chilean Constitution was amended on 16th June, 2018 to establish that protection of personal data is a constitutional right. Prior to this, other Latin American countries like Colombia, Mexico and Ecuador have already included the right to protection of personal data i...

Cross Border Insolvency – An analysis of the draft chapter


By Roshni Menon

Introduction
In the last few years, India’s banking sector has been fraught with an alarming number of non-performing assets. To this end, the Insolvency and Bankruptcy Code of 2016 (Code) strives to resolve the problem...

Section 29A of IBC: Impact and Recent Developments


By Surbhi Jaju

The Insolvency and Bankruptcy Code 2016 (‘Code’) aims for resolution of insolvency as opposed to liquidation. The law was framed with the intention to expedite and simplify the process of insolvency and bankruptcy proceedings in India ensuring fair negotiations between opposite parties and encouraging revival of the com...

Pendency of objections to an arbitral award amounts to a dispute for the purposes of section 9 of IBC


By Ankit Parhar

Recently, in K. Kishan v. Vijay Nirman Company Pvt. Ltd. [See endnote. 1] the Supreme Court had an occasion to decide whether the provisions of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) can be invoked in respect of an Operational Debt where an Arbitral Award has...

A comparative analysis of legal remedies available to home-buyers in India


By Anurag Pareek, Samad Ali, and Meghmala Mukherjee

Prior to the enactment of the Real Estate (Regulation and Development) Act, 2016 (“RERA”), aggrieved home-buyers had the options of approaching the consumer courts [see End Note 1] or the civil courts to address their grievances. However, with the enactment...

India’s proposal to recognise cross border insolvency


By Mr. Anush Raajan V.

The Ministry of Corporate Affairs, Government of India has invited suggestions on a draft chapter on Cross Border Insolvency (Proposed Amendment) proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (IBC) by a public notice dated 20-6-2018 (Notice).

The Proposed Amendment is ...

Acceptance of Kotak Committee recommendations by SEBI: Additional “To Do” for listed entities


By Aman Parnami and Swathi Sreenath
 
Preamble

On June 02, 2017 Securities and Exchange Board of India (“SEBI”) constituted a committee (“Committee”) under the chairmanship of Shri Uday Kotak, with the aim of improving standards of corporate governance of listed companies in Ind...

Understanding ‘Substituted Performance’ under the Specific Relief (Amendment) Bill, 2018


By Akshita Alok and Nikhil Singal

India ranks at #164 in the world rankings for ‘enforcing contracts’ given by the World Bank, and at #100 in the same rankings for “ease of doing business”. Certainly, this is a cause of concern and it is only natural for the Government to take steps towards improving the state of affairs p...

Making specific performance the rule; not the exception


By Akshita Alok
 
Introduction

On March 15th, 2018, the Lok Sabha passed the Specific Reliefs (Amendment) Bill, 2017 (“Bill”) by a voice vote proposing to amend several provisions of The Specific Reliefs Act, 1963 (“Act&...

Trading in Virtual Currencies: An analysis under foreign exchange laws of India

By Sudish Sharma and Anantha Desikan

The cryptocurrencies or virtual currencies (“VC”) [see Endnote 1] can be defined as a type of digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank. There are many forms of VC such a...

Cross-border Mergers – Analysis of FEMA provisions


By Mallika Shekhar and Neeraj Dubey
 
Introduction

On 13th April 2017, the Ministry of Corporate Affairs (MCA) notified Section 234 of the Companies Act, 2013 and inserted a new Rule 25A (merger or amalgamation of a Foreign Company with Indian company and vice-versa)...

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