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[By Aniket Panchal & Mehar Kaur Arora] The authors are students at the Gujarat National Law University. Introduction: setting the tone The arbitrability of competition law disputes has always been a hot potato. In this regard, arbitrability can be defined as ‘the ability of a dispute to constitute the subject matter of the arbitration.[i] That said, there is no denying the fact that the Competition Law and Arbitration...
[By Neil Kothari and Nidhi Agarwal] Neil is a student at Government Law College, Mumbai and Nidhi is a student at Rizvi Law College, Mumbai. INTRODUCTION On 04th April 2021, an ordinance[i] was passed by the Government whereby a separate chapter, Chapter IIIA, was inserted in the Insolvency and Bankruptcy Code 2016 (“The Code”) dealing with pre-packaged insolvency resolution process. Due to the outbreak of the Covid-19 pandemic,...
[By Sanskriti Srimali and Dushyant Sharma] The authors are students at Institute of Law, Nirma University. “Never let a serious crisis go to waste.” –Rahm Emanuel The economic jitters induced by the pandemic are still reeling around the globe. Post pandemic economic recovery has taken the centre stage at a global level. Undoubtedly, governments, around the world, have to be the front-runners to revive the global economy. However,...
[By Prerna Mayea and Harshal Sareen] The authors are students at the Institute of Law, Nirma University. Many events have been witnessed recently, such as the G7 nation’s approval and the United States’ proposal for Global Minimum Corporate Tax Rate [“GMCTR”] which shows that a global movement towards a comprehensive overhaul of the global tax system has gained traction. In a study by the Tax Justice Network, countries...
[By Arya Mittal & Naman Keswani] The authors are students at the Hidayatullah National Law University. Recently, the Hon’ble Supreme Court of India gave its judgement in the case of India Resurgence Arc Private Limited v. M/s Amit Metaliks Limited & Anr. wherein it held that a dissenting secured financial creditor cannot claim a priority over other creditors based on the security interest held by it. The legal...
[By Avik Sarkar] The author is a student at K.L.E. Society’s Law College, Bengaluru. The Competition Commission of India has time and proved through its revolutionary judgements that they are the real guardian for consumers and small market players by saving them from harrowingly oppressive policies of the big market players. And on this occasion in the case Neha Gupta v Tata Motors the commission has demystified the limitation aspect...
[By Pranav Tomar & Umang Chaturvedi] The authors are students at the Rajiv Gandhi National University of Law, Patiala. Introduction The commercialization of sports has strongly affected the landscape of sports federations in India. Now, these associations/federations act not only as regulators of domestic sports or facilitators to sportspersons but also add value to business houses. Recent trends prove that these Government-recognized federations are frequently found in conflict...
[By Shaivi Nihal Shah & Palash Moolchandani] The authors are students at the National Law University Odisha. Introduction Infrastructure Investment Funds (“InvITs”) and Real Estate Investment Trusts (“REITs”), collectively referred to as ‘business trusts’, have recently witnessed increased popularity in the country. Over the past few months, Indigrid, an Indian InvIT (“I-InvIT”), put out a Rs. 1284 crore – rights issue and Brookfield India, an Indian REIT (“I-REIT”),...