Justice for Sale: A Broken Legal System

By: Ashwin Misra The Indian Constitution backed by jurisprudence that is unmatched guarantees equal protection of rights to every citizen. But the real situation is a different story. George Orwell was not wrong in saying that some men are more equal than others – the poor keep toiling to be heard when justice (fabricated or real) comes effortlessly to those who have their coffers full. … Continue reading Justice for Sale: A Broken Legal System

Party Autonomy in Alternative Dispute Resolution: Is Derogation from Indian Law Permissible?

By: Akhil Mahesh and Girish Deepak Indian Prime Minister Narendra Modi and his Cabinet have been engaged in promulgating economic changes by bringing in several reformative policies such as the Goods and Services Tax (GST) and the Land Acquisition Bill, 2015. One of the lesser known, yet significant amendments, is the Arbitration Amendment Bill, 2015, which is based on the recommendations of the Law Commission … Continue reading Party Autonomy in Alternative Dispute Resolution: Is Derogation from Indian Law Permissible?

Independent Directors: Demystifying Annotated Notions of Liability and Ethics

By: Dhruva Sareen An independent director (hereinafter ‘ID’) is that member of the company’s Board of Directors (Board) who is independent from the management in the context of any pecuniary or managerial control. As was put by the Naresh Chandra Committee Report (NCC Report) – a board packed by executive directors, or friends of the promoter or CEO, can hardly be expected to exercise independent … Continue reading Independent Directors: Demystifying Annotated Notions of Liability and Ethics

The Bilateral Arbitration Treaty Regime: Some ‘BUTs’ for Thought

By: Tania Singla Gary Born, one of the world’s most renowned names in international commercial arbitration, has brought a rather radical idea to the arbitration table. In a recent series of speeches titled, ‘BITs, BATs and BUTs: Reflections on International Arbitration’, he proposed borrowing the idea of bilateral treaties from the investment treaty regime and incorporating it within the fabric of the international commercial arbitration … Continue reading The Bilateral Arbitration Treaty Regime: Some ‘BUTs’ for Thought

Piercing the ‘Syndicate Veil’: Substance Over Form

By: Armaan Patkar A bank syndicate is a collection of banks that jointly extend a loan to a specific borrower, generally adopted in cases of financing of large projects, as it may be difficult to find a single lender to finance the entire deal. To bypass this problem, a bank or a few banks take the lead and negotiate the key terms of the loan … Continue reading Piercing the ‘Syndicate Veil’: Substance Over Form