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Cross-Examination in Commercial Arbitration in India: Creating ‘Courtrooms of Choice’

January 15, 2020

[Our next Guest Post has been authored by Mr. Ajar Rab, Partner, Rab & Rab Associates LLP, Dehradun, India. The author is a leading lawyer practising in the field of arbitration law including international commercial arbitration. He is also actively involved in academia, acting as a visiting faculty at various universities. He can be reached at [email protected]] Introduction It is no secret that arbitration in India has not…

Competition Policy and Exchange of Information: An Analysis

January 2, 2020

[By Yashvardhan Singh] The author is a second year student of National Law University, Odisha and can be reached at [email protected]. Introduction Exchange of information between competitors has been a cause of concern for competition regulators in various jurisdictions. The flow of ‘commercially sensitive information’ such as pricing strategies, future prices of products etc. which may lead to ‘elimination of uncertainty from the market’ has been held to…

BEPS MLI Changes- Prevention of Treaty Abuse

December 11, 2019

[By Shivam Parashar] The author is a fourth year student of University School and Law and Legal Studies, GGSIPU Delhi and can be reached at [email protected]. Background In 2017, India became a signatory to a unique multilateral instrument- Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“BEPS MLI”). At the time of signing, it aimed to amend over eleven hundred (1,100)…

Bhanu Ram & Ors v. HBN Dairies: An Ill-Advised Broadening of the IBC’s Purview

December 5, 2019

[By Suyash Tiwari and Aditya Prasad] The authors are fourth year students of Hidayatullah National Law University, Raipur and can be reached at [email protected]. The Insolvency and Bankruptcy Code (“IBC” or “the Code”) recently dealt with a spate of jurisdictional disputes vis-à-vis various other statutes including the Companies Act, 2013; Prevention of Money Laundering Act, 2002; the Arbitration and Conciliation Act, 1996 and the Tea Act, 1953. This…

FDI E-Commerce Guidelines: A Reflection of Loopholes and Repercussions

November 22, 2019

[By Samanth Dushyanth and Yashaswi Rohra] The authors are final year students of Symbiosis Law School, Pune and can be reached at [email protected]. Introduction On 26th December 2018, Department for Promotion of Industry and Internal Trade (DPIIT), released Press Note No. 2 of 2018 (“Pn2”) introducing certain key changes to the Consolidated FDI Policy, 2017 (“FDI Policy”) in the e-commerce sector. Pn2 amends paragraph 5.2.15.2 (E-commerce activities) of…

Compulsory Corporate Literacy for Independent Directors: Last Resort To Ensure Efficiency?

November 13, 2019

[By Saket Agarwal] The author is a fourth year student of National Law University, Jodhpur and can be reached at [email protected] Introduction India in the past few years has been a major victim of corporate frauds including the Nirav Modi scam. When it came to affixing liability, one person was found to be negligent in performing his duties in almost all cases, the independent director of the company.…

Buyer’s Cartel: Is it Even a Concern?

November 2, 2019

[By Aditya Goyal] The author is a fourth year student of National Law Institute University, Bhopal and can be reached at [email protected]. Introduction Lately, there have been growing concerns over the exploitation of buyer’s power, which has raised issues concerning the sphere of functioning of Competition law in India. The Competition Act, 2002, (“the Act”)  was introduced to streamline growing industrial practice in India and to provide a…

Essential Goods and Services during Corporate Insolvency Resolution Process: Interpretation and Treatment

November 1, 2019

[By Jubin Jay and Kirti Vyas] The authors are fifth year students of National Law University, Odisha Introduction A Corporate debtor is provided with a surviving mechanism during moratorium through the application of Section 14 of the Insolvency and Bankruptcy Code, 2016 (“the Code”). The moratorium period is declared by the adjudicating authority under Section 13 of the Code after admitting the application for initiating Corporate Insolvency Resolution Process…

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