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[By Arush Mittal] The author is a student at Hidayatullah National Law University, Raipur. Introduction India inked the Investment Cooperation and Facilitation Treaty with Brazil on 25th January, 2020. This treaty is a Bilateral Investment Treaty (‘BIT’) between the two countries. The signing of this treaty gathered a lot of deliberation as it contains a unique clause that uses the concept of ‘dispute prevention’ instead of the commonly…
[By Bhabya Mahapatra] The author is a student at Hidayatullah National Law University, Raipur. Introduction Section 53A of the Competition Act, 2002 (“the Act”) provides for an appellate body, i.e. the National Company Law Appellate Tribunal (“NCLAT”), to hear matters against the orders of the Competition Commission of India (“CCI”). On the other hand, article 226 of the Constitution of India empowers the High Courts to entertain writ…
[By Palak Mohta] The author is a student at ILS Law College, Pune. One of the key determining factors of economic growth for a country is the inflow of foreign investments. Although, there are specialized boards and tranches to handle the intricacies of such foreign investments, the Insolvency and Bankruptcy Code, 2016 (IBC or the Code) inevitably forms part of the play. This write-up discusses a recent order…
[By Lakshya Garg and Vimlendu Agarwal] The authors are students at Gujarat National Law University, Gandhinagar. Background The social media platform is an all-pervading phenomenon[i] and despite of the developments that this platform has brought by providing easy access to the information it has still paved way for exploitation of the confidential information[ii]. This article, in pursuance of the objective to demystify the peculiarities in the Shruti Vishal…
[By Rohan Aneja] The author is a student at Rizvi Law College, Mumbai The Reserve Bank of India (“RBI”) issued Guidelines for the entry of new banks in the Private Sector dated January 3, 2001 (“2001 Guidelines”) which required promoter contribution to be a minimum of 40% of the paid-up capital of the bank at any point of time with a 5 year lock-in period from the date…
[By Arjun Nayyar and Jayadeep Manchikalapudi] The authors are students at NALSAR University of Law, Hyderabad and Hidayatullah National Law University, Raipur, respectively. Setting the Context Recently, allegations over Google’s actions have brought it under the scrutiny of the Competition Commission of India.[i] With an appeal against a previous anti-trust order still pending in the Apex court, the internet giant has been flagged this time for promoting its payment…
[By Aniket Singh and Pranav Mihir Kandada] The authors are students at NALSAR University of Law, Hyderabad. Introduction In M&A transactions, a “break fee” agreement is an arrangement between the target company and the potential acquirer. In this arrangement, the target company promises to pay a certain fee to the potential acquirer in case the offer from the acquirer does not go through for any given reason. Such…
[By Kirti Gupta] The author is a student a Hidayatullah National Law University, Raipur. Introduction The Insolvency and Bankruptcy Code, 2016 (the Code) promises to deal with the mammoth task of stabilising the Indian economy in this era of peculiarly volatile market conditions. The Preamble of the Code, enumerates the objective which strives to reform the insolvency framework and aid the transition from debtor to creditor centric regime.…