The pre-packaged insolvency process in India is a novel concept and it is necessary to make consistent improvements in its framework to ensure effective outcomes and to instill trust within stakeholders, along with...
Blog
Unraveling the Impact of MSMEs on Arbitration: A Comprehensive Analysis – By Abhishek Bhushan Singh
The interaction between the Arbitration and Conciliation Act, 1996 and the MSMED Act, 2006 underscores our complicated legal system, especially when it comes to the resolution of commercial disputes outside the court...
Navigating Ineligibility: An Examination Of Section 29A In The Insolvency And Bankruptcy Code, 2016 – By Adhya Gupta
The stipulations outlined in Section 29A have presented significant obstacles for promoters seeking to maintain ownership and control of their businesses even after defaulting on creditor payments, leading to the...
B.K. Educational Services Private Limited Vs Parag Gupta And Associates – By Abhishek Kumar
The purpose of the law, which guaranteed that only rightful and timely claims are brought forward for appropriate settlement, was upheld. Additionally, the verdict struck a balance between the interests of the debtors...
Unveiling Injustice: Pre-Deposit Clauses in Arbitration Agreements – By Vedant Mishra
The huge difference in bargaining power between big and small businesses during the contract negotiations cannot be overlooked. It is vital to treat pre-arbitral deposits as optional in order to make sure that all...
Revamping Antitrust for Digital Ecosystem: Towards a New Regulatory Paradigm – Shivam Saurabh
The competitive environment has undergone a significant transformation as a result of the digital revolution, especially in the dynamic realm of online ecosystems. Conventional antitrust laws, which were developed in a...
From Text to Intent: Evaluating Statutory Interpretation in STO v Rainbow Papers – By Dhruv Kohli and Sanya Singh
A prospective resolution applicant would now have to duly consider even government dues and the ambit of the term security interest which the parliament had restricted now stands vastly expanded. Reconsideration of the...
Impact of Corporate Insolvency Resolution Proceedings on Transitional Credits under GST: A Legal Analysis – By Devashish Jain
The ESL Steel case marks a significant chapter in understanding how GST and insolvency laws intersect, especially regarding transitional credits during CIRP. While the court's adoption of the clean slate theory aims...
Exploring the current state of undecided claims under the IBC – Aparana Sharan
The UNCITRAL Legislative Guide on Insolvency Law acknowledges the clean slate approach, emphasising the evaluation of successful insolvency resolution in terms of commercial certainty and simplicity. In this context...
Simplifying the off-ramp for entrepreneurs when it is time to close shop: In the light of Sec 271(a) of the Companies Act vs Section 10 of the IBC 2016 – By Adv. K. Senguttuvan, Adv. Sneha Tiwari and Adv. Himani Gill
The manner of recourse chosen is determined by variables such as eligibility, solvency, the company's asset-liability situation, and the level of judicial intervention, which varies depending on the circumstances and...