New regulations unveiled on 31 August 2023 provide guidance on arbitrations at the India International Arbitration Centre. The regulations provide for procedures which are aimed at achieving fast, fair and efficient conduct of arbitration.
The key legal principles arising from this case revolve around the interpretation and application of specific provisions within Australian corporate and insolvency law. The case addresses the issue of when companies in liquidation can be considered part of a joint business scheme or undertaking for the purpose of pooling their assets and liabilities.
Decided on 14 September 2023, High Court of Bombay In Parekh Plastichem Distributors v. Simplex Infrastructure, the High Court of Bombay considered conflicting arbitration clauses in purchase orders and invoices …
Case update: Parekh Plastichem Distributors LLP Vs. Simplex Infrastructure Limited Read more »
The case of Anupam Mittal Vs. People Interactive (India) Pvt. Ltd highlights the significance of the National Company Law Tribunal’s exclusive jurisdiction for claims for oppression and mismanagement and throws light on the Indian Courts’ approach to issues of arbitrability and anti-enforcement injunctions against orders of foreign courts.
Managing the intricacies of insolvency and bankruptcy cases in a densely populated and economically diverse country like India continues to pose formidable challenges. To effectively navigate these complexities and streamline the process, the use of Artificial Intelligence (“AI”) has emerged as a promising solution.
The lack of proper legal policy frameworks for the protection of traditional knowledge in emerging economies provides a vacuum for industrialized nations to exploit traditional knowledge and the resources of indigenous communities.
When a company wants to ensure its ‘secret sauces’ aren’t being shared with its rivals, a non-compete and non-solicitation clauses comes in handy. This article sets out how courts in Singapore and India view these restrictive covenants.
Clarification on Ineligibility of Resolution Applicants In a significant ruling in the case of M.K. Rajagopalan v. Dr. Periasamy Palani Gounder & Anr., the Supreme Court has clarified that a …
Last week saw a flurry of activity around the announcement that both houses of the Indian parliament had passed the Mediation Bill.
The text of the bill, as passed by parliament, is not available yet. What is available is the text of the bill as introduced in parliament nearly two years ago in 2021. This text sets out some important proposals on both when and how mediation should be used.
In a recent case the Supreme Court of India reversed its previous decision of September 2022 in the matter of State Tax Officer v. Rainbow Papers. In this “Rainbow judgment”, it was established that the State held the status of a ‘secured creditor’ as defined by the Insolvency and Bankruptcy Code.
