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Supreme Court on the enforcement of foreign award: A move against the pro-enforcement trend?

June 16, 2020

[By Shreya Choudhary] The author is a fifth-year student of ILS Law College, Pune. Introduction Section 48(2)(b) of the Arbitration and Conciliation Act, 1997 (“the Act”) provides that the enforcement of a foreign award may be refused if it is against the public policy of India. In the wake of various decisions of the Supreme Court and the High Courts, it is observed that the scope of interference...

Revisiting the Competition Regulations for Big Data Based Economy

June 10, 2020

[Parth Tyagi and Achyutam S. Bhatnagar] The authors are third year students of the National Law Institute University, Bhopal and National Law University, Odisha respectively. Introduction In the month of April, social media giant Facebook invested over 40,000 crores, for a 9.9% stake in Jio Platforms, a unit of Reliance Industries[i]. The transaction brewed up the concerns for the possible abuse of data at the hand of these...

Extension of Liability in Group Insolvency Proceedings

June 6, 2020

[By Ananya HS] The author is a third year student of the National Law School of India University, Bangalore. Background A significant proportion of Indian businesses are fundamentally structured as group enterprises operating as a single economic unit. These enterprises commonly engage in related party transactions in the nature of cross-collateralization, inter-corporate loans, and so on. These enterprises largely adhere to the concept of separate legal personality of...

Assessing the Competition Law Impact of Platform Price Parity Agreements

June 2, 2020

[Deepti Pandey and Sushant Singh] The authors are fourth year students of WBNUJS, Kolkata. Introduction The global increase in the foothold of the online platforms has considerably accelerated leading to a significant share in the relevant market.[i] The areas where these businesses have flourished in India include food delivery services, hotel and travel bookings, cab services and delivery of products through e-retail inter alia.[ii] On one hand, it...

Decriminalization of Corporate Offences: An Unjust Amendment?

May 29, 2020

[Shagun Singhal] The author is a second year student of National Law Institute University, Bhopal and a member of CBCL. Background Recently in March 2020, the Union Cabinet approved certain amendments (“Companies Act Amendment, 2020” or “the Amendment”) put forth by the Injeti Srinivas Committee (“the Committee”) in November 2019 (“Srinivas Committee Report, November 2019”). The Srinivas Committee Report built upon another report that had been submitted by...

Sensing Fears, Shifting Gears: Did the RBI Steer in the Wrong Way?

May 25, 2020

[By Ujjwal Jain] The author is a third year student of Tamil Nadu National Law University. One of the most important functions of any central bank is to formulate and execute monetary policy. In our case, the Reserve Bank of India (“RBI/Bank”), the banking regulator and India’s central bank, is statutorily entrusted with this responsibility.[i] Monetary policy refers to the policy of the central bank with regard to...

Building a Case for Digital Financing in India

May 25, 2020

[By Shivam Tripathi] The author is a fourth year student of Maharashtra National Law University, Nagpur. The global payments landscape is under fundamental transformation and India is no exception to this. The Reserve Bank of India (“RBI”) notified the 2020 guidelines[i] governing Payment Aggregators (“PA”) and Payment Gateways (“PG”) (“Guidelines”). PA is a service provider through which merchants can process their payment transactions, and PG provides the technical support for...

Practical Issues in Conducting Virtual Meetings of Shareholders: A Case for Co-operation versus Activism

May 22, 2020

[By Gaurav Pingle] The author is a practicing Company Secretary. Corporate governance has always emphasized on building an environment of trust, transparency, and accountability necessary for fostering long-term investment, financial stability, and business integrity. This in turn contributes to supporting stronger growth and more inclusive participation of stakeholders, required especially when the global economy is badly hit due to the COVID-19 pandemic. From the perspective of accountability and...

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