Decided on 26 July 2021| Supreme Court of India Whether an interest free term loan can be constituted as “Financial Debt” under Insolvency & Bankruptcy Code, 2016 The division bench of the Hon’ble Supreme Court (“the Court”) comprising of Justice Indira Banerjee and V. Ramasubramanian in Orator Marketing Pvt. Ltd. v. Samtex Desinz Pvt.… Continue reading Case Update:Orator Marketing Pvt. Ltd. v. Samtex Desinz Pvt. Ltd.
India has been synonymous with its arts in various forms. From the time of our earliest civilisation in the Indus valley, the subcontinent has been known to have artisans of extraordinary skill and creativity. Each invader brought with them local traditions and design elements that local artisans assimilated and amalgamated into elements of design that… Continue reading The Art Law Review – India Chapter 2021
Proceedings subsequent to issuance of awardInterpretation and correction of awards Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply? Section 33 of the Arbitration Act provides that the arbitral tribunal may: at the request of a party, with notice… Continue reading Getting The Deal Through – Arbitration 2021
The Indian Legal system has a rich and varied jurisprudence based on common law principles dealing with aspects of fraud and asset tracing. The judiciary in India exercises wide powers not only in consonance with achieving the objectives of various statues dealing with the subject matter of fraud, but also grants reliefs and orders as… Continue reading Essential Intelligence: Fraud, Asset Tracing, and Recovery- India, 124 (2021)
Part 1 – Dispute resolution and M&A Introduction Driven by macroeconomic factors, with India being one of the fastest-growing emerging economies and the ever-growing demand for energy resources to sustain that growth, there is a great deal of focus on renewable energy (which accounts for 23 per cent of installed capacity) and efforts to channel… Continue reading Dispute Resolution and M&A and Criminalisation of Civil Disputes 2020
An extract from The Asset Tracing and Recovery Review, 8th Edition Seizure and evidence In situations where an organisation has reasonable grounds to believe that a borrower is resorting to fraudulent means, an investigation can be carried out to assess the existence of any foul play. This can involve extensive searches on various local and… Continue reading An extract from The Asset Tracing and Recovery Review – 8th Edition 2020
An ideal arbitration clause specifies the law of the arbitration agreement (governing law), the proper law of the contract (substantive law), and the law of the seat of arbitration. Arbitration clauses are further crystalized when the parties expressly indicate their choice of law. More often, the decisions that lay the law are those which arise… Continue reading Getting The Deal Through – The Test of Seats: A Comparative Lens Over the Proper Law of Arbitration Agreements in India and Singapore
Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply? Section 33 of the Arbitration Act provides that the arbitral tribunal may: at the request of a party, with notice to the other party, correct computational, clerical, typographical or other… Continue reading Getting The Deal Through “Enforcing and challenging arbitral awards in India” Arbitration 2020
Laws and institutionsMultilateral conventions relating to arbitration Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating… Continue reading First-step analysis 2020: Arbitration in India
Investment treaty practiceModel BIT Does the state have a model BIT? India does have a model BIT. India unveiled a new model BIT in December 2015. The details of the new model BIT are discussed in question 19. The new model BIT can be found at: http://finmin.nic.in/reports/ModelTextIndia_BIT.pdf.Preparatory materials Does the state have a central repository… Continue reading Investment treaty practice in India- 2018
