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Effects of the Amendment of the Arbitration & Conciliation Act, 1996. [Siddhart Jain] The author is a 2nd year student at DSNLU, Visakhapatnam. Introduction With the growth of legal awareness amongst the general populous, there is a rise in the number of suits pending before courts. The inability of courts in the speedy disposal of cases has led to a rise in the trend of using arbitration as a...
IBC Ordinance; Home Buyers to be Treated as Financial Creditors [Riya Goyal] The President has recently given his nod to promulgate an ordinance amending the insolvency law, recognising homebuyers as financial creditors to real estate developers. This settles a long drawn controversy created by various conflicting court decisions regarding the status of homebuyers as being financial or operational creditors, which was further deepened by the IBBI issuing a...
Reconciling Stock Exchange Regulations with Insolvency and Bankruptcy Code, 2016: Analysis of Amendments in SAST Regulations and Delisting Requirements. [Ishaan Chopra] Ishaan Chopra is a 3rd year B.A.LLB. (Hons.) student at NLIU, Bhopal Section 30(2)(e) of the Insolvency and Bankruptcy Code stipulates that the resolution plan should be compliant with all the existing provisions of law. Accordingly, the regulations prescribed by Security and Exchange Board Of India (SEBI)...
Match Fixing: Need for a Better Legislation. [Saumya Agarwal] The author is a 3rd year B.A.LLB (Hons.) student of NLIU, Bhopal Introduction Match fixing has become a part and parcel to almost every existing sport in the world and has flexed its arms to tarnish the basic ethnicity of the term Sports. Oxford dictionary defines sports as: “an activity involving physical exertion and skill in which an individual...
Breaking Down the Process of Securitization & Asset Reconstruction. [Deepanshu Guwalani] The author is a 5th year B.A.LLB (Hons.) student of ILS Law College, Pune. Introduction To facilitate the early resolution of Non-Performing Assets (NPAs) of banks and financial institutions, the government of India enacted Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 for the extensive use of Securitisation Companies (SCs) or...
The Insolvency and Bankruptcy (Amendment) Ordinance, 2018: A Practitioner’s Perspective. [Mr. Anshul Jain] The author, Partner at Luthra & Luthra Law Offices in the General Corporate and Regulatory Practice group identifies in this update the key changes and briefly comments wherever appropriate from a practitioner’s perspective. On 06 June 2018, the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (“Ordinance”) was promulgated by the President exercising his powers under Article...
Amendment to Section 185 of the Companies Act, 2013 – A Step towards Business Growth [Mr. Arjun Gopalakrishnan] The author is a Legal Manager at ICICI Bank Limited Introduction Section 185 of the Companies Act, 2013 imposes restrictions on a company in relation to advancement of loans to the directors or any other person in whom the director is interested and providing guarantees/securities in connection with the loans taken...
Cross-Border Insolvency under the Insolvency and Bankruptcy Code 2016: Opportunities and Challenges. [Ishita Das] The author is an LL.M. Candidate at the West Bengal National University of Juridical Sciences, Kolkata Introduction Increasing international trade and commerce is one of the results of globalization where countries are dependent on one another for several goods and services. Therefore, in a scenario where a multinational corporation undergoes insolvency, such proceedings will naturally...