Pre Packaged Insolvency Resolution Process: Section 29A(c) and (h)Exemption for Resolution Applicant or MSME Debtor?
The insolvency regime of India since its inception has enabled and opened gates for companies facing stress by providing choices of resolution or liquidation to help them meet ends in an organized manner. This regime has entered into its second era with a new addition in its arsenal – Pre Packaged Insolvency Resolution Process. On […]
Decoding Extended Producer Responsibility (EPR)
Packaging is ubiquitous in our daily lives and enables minimization of food waste and overall product breakage with advanced convenience features at low costs. However, widespread usage of single-use packaging containers has resulted in a heavy burden on the environment, and the management of packaging waste is facing a crisis due to lack of imposition […]
Deciphering the Scope of Moratorium under Section 14 of the Insolvency & Bankruptcy Code, 2016
The Supreme Court with a view to address the ambiguity lingering within Section 14 of the Insolvency & Bankruptcy Code, 2016 (“S.14 of IBC, 2016”), which deals with the imposition of Moratorium on the Corporate Debtor, provided a clarificatory analysis in terms of its applicability in respect of the Corporate Debtor and the management of […]
Covid-19 and the Revamping of the Indian Legal System
“The legal establishment is “no longer at ease here, in the old dispensation” – it has witnessed the birth of new ways of doing things and the death of the old order.” -T.S. Eliot IntroductionCoronavirus is the typical ‘Black Swan’ event. 2) The global Coronavirus outbreak has led to destabilization of the world economy, a […]
Covid-19: Updated Video Conferencing Norms for Board Meetings
The Covid-19 pandemic has pushed the boundaries of adaptability in every sphere imaginable and has invariably led to the increased use of electronic means. As the need to be wary of the virus’ effects became more pressing, each structure, to some degree, was required to reconstruct aspects that depended on human interaction and physical human […]
Courts Power under Section 34 of the Arbitration and Conciliation Act, 1996
Through this article, we aim to discuss the power of the courts in India to modify the arbitral awards and the recent pronouncement of the Apex Court clarifying the position. Conflicting DictumIn Oil & Natural Gas Corporation Ltd. v. Western Geco International Ltd. 1 , it was held that when an arbitral tribunal draws an […]
Artificial Intelligence – A Game Changer in the Legal Profession
IntroductionIn the late 1600s, a German Attorney G. W. Leibniz theorized that machines would someday use a binary system to calculate numbers, and he envisioned a partnership between Artificial Intelligence (AI) and lawyers and accurately described the benefits that AI now provides to the legal profession. According to him, “it is unworthy of excellent men […]
Arbitration in Landlord-Tenant Disputes – Permissible
The law on Arbitration in our country has witnessed rapid changes; most of these changes being largely attributable to the growing need to make India a pro-arbitration country in the International commercial and business world. Several other evolvements in the field of Arbitration Law have been mostly effectuated for achieving the object behind ADR, being […]
Anatomy of Prospective M&A’s – Sky is the Limit amidst Covid-19 Disruption
Corporate Mergers and Acquisitions have undergone a remarkable change amidst the ongoing Covid-19 crisis. In the current corporate climate, M&A prospects have found a conducive environment in the form of positive government intervention, a relatively bought out stock market and a stable banking system. The dire need for domestic consolidation, especially in the Covid-hit sectors, […]
Abandonment of Projects – Promoters’ Responsibility or Not?
Typically, one of the key elements of a project financing structure is a special purpose project company (“Project Company” or “SPV”) with no business antecedents, which is set up with the sole aim of developing and implementing the project being housed in it. This structure for project finance is not new, and is designed to […]