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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…
Out of Court Settlement of Claims after Commencement of Insolvency Process under IBC, 2016. [Kunal Dey] The author is an Advocate practicing in the Calcutta High Court.. A plea for settlement of claims after commencement of insolvency process has now become a key strategy for many corporate debtors since they feel that they would be left in a better position to continue their business post settlement rather than after…
Is Institutional Arbitration Worth the Expense? – An Asian Perspective. [Rishabh Malaviya] The author is an LLM (International Arbitration & Dispute Resolution) student at National University of Singapore. Introduction Every arbitration is conducted within the framework provided by the lex arbitri (law of the place of arbitration). Complementary to the lex arbitri is the choice of the mode of arbitration, i.e. parties make a choice between conducting the arbitration on an…
Specific Relief Amendment Bill, 2018: Importance of Discretionary Power of the Court with Relation to Specific Performance [Jennifer Maria D’Silva] The author is a 4th year BA LLB (Hons) student of School of law, Christ University, Bengaluru Introduction: The Specific Relief Amendment Bill, 2018[1] (henceforth referred to as the bill) which was passed by the Lok Sabha in 2018 had recommended several changes to the Specific Relief Act, 1963…
Enforcement of Arbitral Awards Against Non-signatories: Supreme Court. [Ankit Shrivastava] Ankit Shrivastava is a 2nd year B.A.LLB(Hons.) student from National Law Institute University, Bhopal. The Supreme Court has at last, answered two increasingly pertinent questions regarding the implications accompanying an outsider to the arbitration proceedings, and the magnitude of the NCLT’s say in arbitral awards and their valid enforcement. The judgment under analysis is Cheran Properties Limited v. Kasturi and Sons…