The CBCL Blog
- All
- Arbitration Law
- Auto Hidden
- Banking Law
- Capital Markets and Securities Law
- CBCL - LSPR Series
- Commercial Courts Act
- Commercial Law
- Company Law
- Competition Law
- Contemporary Issues
- Contract Law
- Corporate Governance
- Debt Recovery
- Dispute Resolution
- Employment Law
- Energy Laws
- Foreign Direct Investment Regulations
- Guest Posts
- Insolvency Law
- Intellectual Property Law
- Investment Law
- Mergers & Acquisitions
- Promotion
- Sports Law
- Taxation Law
- Technology Law
- Trade Law
- Back
- Kaizen
Application of Natural Justice in Arbitral Proceedings. [M. Koshy Mammen] The author is a third-year student of Jindal Global Law School. Since arbitration is increasingly being favoured over litigation, it is imperative that the principles of natural justice which guide the judiciary should also be followed by arbitration when giving an award. This article examines whether the Arbitration and Conciliation Act, 1996 (“Act”) mandates the arbitral tribunal or...
Innoventive Industries v. ICICI Bank: A Creditor-Friendly Approach in Insolvency Law. [Sakshi Dhapodkar] The author is a fourth-year student of National Law Institute University, Bhopal. The Supreme Court on August 31, 2017 delivered its first substantive ruling under the Insolvency and Bankruptcy Code, 2016 (the “Code”). In the case of Innoventive Industries Ltd. v. ICICI Bank Ltd.,[1] the Supreme Court rejected a determined challenge to the insolvency proceedings put...
Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited: A Critique. [Shaalini Agrawal] is a third-year student of Gujarat National Law University. The seat of arbitration has various internal and external implications for the arbitral proceedings. One such implication is that the administration and control over the arbitration is done by the courts of the country where the seat is located. Such courts have the power to...
Minimum Public Float Under the Securities Contracts (Regulations) Act, 1956 [Ashlesha Mittal] The author is a student of National Law University, Jodhpur. The Securities Contracts (Regulation) Act, 1956 (SCRA) was enacted to prevent undesirable transactions in securities by regulating the business of dealings therein, and by providing for certain other matters connected therewith. Section 21 of the SCRA mandates all listed companies to comply with the conditions of...
Restricting the Scope of “Suit or Other Proceedings” under Section 446 of the Companies Act, 1956 vis-`a-vis Section 138 of the Negotiable Instruments Act, 1881. [Jasvinder Singh] Jasvinder Singh is a third-year student of National Law Institute University, Bhopal. Introduction It is manifest from a bare reading of section 446(1) of the Companies Act, 1956 [“Companies Act”], that when a winding-up order has been passed against a company...
Section 29A: A Target On Party Autonomy. [Shashank Chaddha] The author is a fourth-year student of National Law Institute University, Bhopal. The Arbitration and Conciliation Act, 1996 (“Act”), amended by the Arbitration and Conciliation (Amendment) Act, 2015 (“Amending Act”), introduced a host of changes, one of them being the insertion of two new sections– Section 29A and Section 29B- to the Act. The two sections, essentially, place an...
Ascertaining The Meaning Of “Dispute” And “Existence of Dispute” Under The Insolvency And Bankruptcy Code, 2016. [Ashish Jain] The author is a third-year student of National Law Institute University, Bhopal. Introduction The Insolvency and Bankruptcy Code, 2016 (“Code“) has been enacted with the objective of bringing efficiency in the insolvency and liquidation process in the country. However, there have arisen disagreements relating to the true meaning and purpose of...
Derivative Action Suits in Corporate Litigation in India. [Virali Nagda] The author is a fourth-year student of NALSAR University of Law. A derivative action, also called the shareholder derivative suit, comes from two causes of action, actually: it is an action to compel the corporation to sue and it is also an action brought forth by the shareholder on behalf of the corporation for redressal against harm to...