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Section 26 of the Arbitration (Amendment) Act, 2015 gets Retrospective and Prospective Application. [Fathima Nooh] The author is a third-year student at National University of Advanced Legal Studies, Kochi. She may be reached at vnfathima89@gmail.com. The Supreme Court has, in its latest judgment in the case of Board of Cricket Council of India v. Kochi Cricket Board, settled an important issue about the applicability of the 2015 amendments to the Arbitration and Conciliation Act,...
Sandpapergate: ICC’s Failure to Save the Spirit of the Game from Orchestrated Cheating. [Ayushi Singh] The author is a third-year student at National Law University, Jodhpur. She may be reached at ayushisingh3004@gmail.com. The South Africa-Australia Test Series saga has not stopped unravelling since the ball-tampering scandal was captured on live telecast during the third test match. Whether or not South Africa manages to clinch a Test Series win against...
The Arbitration and Conciliation (Amendment) Bill, 2018: Unclogging the Arbitral Logjam. [Soham Banerjee] The author is a fourth-year student at GLC Mumbai. He may be reached at sohambanerjee.glc@gmail.com. Ever since India moved into the top 100 in the World Bank’s Ease of Doing Business report, the general perception about our country steadily becoming investor-friendly has received a major fillip. The path to ensuring that India becomes a major industrial...
Mitigating Liability of Directors and Officers. [Mincy Mathew] The author is a third-year student at National Law Institute University, Bhopal. The board of directors is the primary management body of any company, and as such, it owes a fiduciary duty to the company and is expected to act in good faith and to promote the best interests of all the stakeholders. The directors are personally liable to pay losses suffered by...
The Fugitive Economic Offenders Bill, 2017- Government’s New Weapon to Curtail “Economic Fraud”? [Shivika Dixit] The author is a fourth-year student at National Law Institute University, Bhopal. She may be reached at shivikadixit167@gmail.com. On March 1, 2018, the Union Cabinet cleared the Fugitive Economic Offenders Bill, 2017. According to the long title of the Bill it is, “A Bill to provide for measures to deter economic offenders from evading...
Preserving the Quintessential Value of the Arbitration and Conciliation Act, 1996: Analysing the Supreme Court’s Decision in Sundaram Finance Limited v. Abdul Samad. [Megha Tiwari and Amrit Singh] The authors are fourth-year students of WBNUJS Kolkata. Arbitration has evolved as an efficacious alternative to litigation for settlement of disputes, and is now considered an important tool in promoting investment in Indian businesses. The recent amendments to the Arbitration...
Two Indian Parties can Choose a Foreign Seat of Arbitration and a Non-Signatory to the Arbitration Agreement can be Made Party to the Arbitration Proceedings: Delhi High Court in GMR Energy. [Devina Srivastava] The author is a third-year student at Symbiosis Law School, Pune. She may be reached at devina.srivastava@symlaw.ac.in. The Delhi High Court delivered a important judgment on 14th November, 2017 in the case of GMR Energy Ltd. v....
The Precarious Nature of Earn-out Clauses in Share Purchase Agreements. [Prajoy Dutta] The author is a fourth-year student at Institute of Law, Nirma University. The merger and acquisitions market in India has seen some exceptional activity in the recent years,[1] especially in cases of start-ups. Concerns usually revolve around the valuation of the company, the purchase price that both parties can agree on, and the issue of control...