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The A-List 2019

India Business Law Journal reveals the country’s top lawyers and legal icons ACCESS THE A-LIST 2019 The fourth annual edition of the A-List is a continuation of India Business Law Journal’s efforts to recognize India’s most...
Energy

Energy DRM adds more confusion than clarity

By Abhishek Tripathi and Mani Gupta, Sarthak Advocates & Solicitors
The Ministry of New and Renewable Energy (MNRE) has introduced a dispute resolution mechanism (DRM) to resolve disputes between the Solar Energy Corporation of India (SECI) and the NTPC (formerly known as National Thermal...
counsel

Senior counsel joins UK chamber as door tenant

Supreme Court senior counsel Ritin Rai joined 7 King’s Bench Walk Barristers in London in September as the firm’s first door tenant. “Being part of 7 King’s Bench Walk gives me better access and insights...
assets

Stumbling blocks when buying stressed assets

By Vikram Wadehra and Soumava Ghosh, Vidhii Partners
Out of court sales of stressed assets or mortgaged immovable properties are invaluable recourses to enable banks and financial institutions to recover debts where the debtor has defaulted. They also reduce the overall number...
writing

Lose the legalese please

Many lawyers overlook the usefulness of effective writing, says Richa Kachhwaha The nuances of legal writing have been on my mind ever since I started working in legal publishing. My experience has been that lawyers...
arbitrate

Non-signatories of a group are bound to arbitrate

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
The courts have previously applied the doctrine of group companies when they referred non-signatories to an arbitration agreement to arbitrate. The Supreme Court invoked this doctrine again in the case of MTNL v Canara...
employers

A fine balance

Merging the wants of employers and employees into law reforms palatable to both sides is no easy task, writes Sanjoy Ghose Businesses view Indian labour laws as a growth inhibitor, cumbersome, discouraging investment and expansion,...
RERA

Remedies under CPA, RERA are concurrent

The Delhi High Court in a recent judgment held that remedies available to homebuyers under the Consumer Protection Act, 1986 (CPA), and Real Estate (Development and Regulation) Act, 2016 (RERA), are concurrent. This judgment...

Fraud allegation cannot nullify arbitration agreement

In a recent judgment, the Supreme Court held that the mere allegation of simple or plain fraud may not be a ground to nullify the effect of an arbitration agreement between the parties. In the...
arbitrator

Supreme Court holds that company director can nominate arbitrator

The Delhi High Court in a recent judgment held that courts have now consistently proceeded to appoint an independent arbitrator in situations where the arbitration clause is in conflict with the amended Arbitration Act....
arbitration

Courts must restrict role to determining existence of arbitration agreement

In a recent judgment of M/s Mayavati Trading Pvt Ltd v Pradyuat Deb Burman, a three-judge bench of the Supreme Court overruled the judgment in United India Insurance Company v Antique Art Exports Private...
committee

Evolution of the committee of creditors’ authority

By Charanya Lakshmikumaran and Gopal Machiraju, Lakshmikumaran & Sridharan
The role of the committee of creditors (CoC) in a corporate insolvency resolution process (CIRP) has increasingly been scrutinized and clarified by various courts and tribunals, including the Supreme Court. There have also been...
SCRA

The validity of options under securities law

By Shailaja Lall and Shivangi Talwar, Shardul Amarchand Mangaldas & Co
The Bombay High Court, in Edelweiss Financial Services Ltd v Percept Finserve Pvt Ltd and Ors, held that a put option in a share purchase agreement (SPA) was neither a forward contract, nor a...
Fintech

Changes to expect in fintech with digital KYC

By Shilpa Mankar Ahluwalia and Himanshu Malhotra, Shardul Amarchand Mangaldas & Co
Fintech players are now offering the Aadhaar-based know your customer (KYC) authentication services (Aadhaar e-KYC) made available by the Unique Identification Authority of India (UIDAI) to customers quickly and at a fraction of the...
Supreme Court

Equal treatment of all parties to legislation

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners
To enhance the attraction of arbitration, the Supreme Court ruled in Pam Developments Pvt Ltd v State of West Bengal that the government, as a party to arbitration, is not entitled to special or...
Amrapali

SC Amrapali judgment: A warning for lenders

By Soumyajit Mitra and Mohit Yadav, SNG & Partners
The landmark judgment of the Supreme Court in favour of over 42,000 homebuyers in the projects being constructed by the Amrapali group of companies in Noida and Greater Noida, Uttar Pradesh was a huge...

Growing role of declaration of non-infringement

By DPS Parmar, LexOrbis
Clearing the way (clearing) or a declaration of non-infringement refers to an application to the court for a declaration that a new business does not infringe an existing patent. The power of a court...

Charitable trusts: Validity of property transfers

By Vikram Wadehra and Vidushi Chokhani, Vidhii Partners
A trust is an arrangement by which the property of the author of the trust or settlor is transferred to another, the trustee, for the benefit of a third person, the beneficiary. In general...
Argus

Litigator joins Argus’ partnership

Maneesha Kongovi, who joined Argus Partners as a partner in the disputes team in Bengaluru in July, said her decision was motivated by the importance the firm attached to the practice. “Litigation, as a practice...

Ineligibility of an arbitrator fatal, unless waived

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners
Section 12(5) of the Arbitration and Conciliation Act, 1996 (act), prescribes that a person whose relationship with the parties or the counsel or the subject matter of dispute falls under any of the categories...