Category: Posts

Corporate Restructuring and Insolvency, Posts

Sale of Corporate Debtor as Going Concern: A New Option Available to the Liquidator under IBBI (Liquidation Process) Regulations, 2016

By: Mudit Nigam Recently in March 2018, the Insolvency and Bankruptcy Board of India (IBBI) notified the IBBI (Liquidation Process) (Amendment) Regulations, 2018 to amend the IBBI (Liquidation Process) Regulations, 2016 (Regulations). The 2018 Amendment, which is effective from 1st April, 2018, has amended Regulation 32 of the Regulations which deals with ‘Manner of Sale’ for the Liquidator. It has introduced “sell the corporate debtor as … Continue reading Sale of Corporate Debtor as Going Concern: A New Option Available to the Liquidator under IBBI (Liquidation Process) Regulations, 2016

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International Law, Posts

Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?

By: Aman Bahl The law of naval warfare as it existed in 1907[1] and as it is apprehended in 2018 displays a few similarities but many differences. The fundamental similarity is that the law of naval warfare can be seen, then as now, as comprising predominantly of customary international law. The many disparities in this law have been caused by the major variations in the … Continue reading Autonomous Naval Mines: An Upcoming Threat to the Freedom of Navigation in the High Seas?

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Dispute Resolution, International Law, Posts

Treaty Shopping: A Melee Between the Primary Players

By: Saurabh Tiwari INTRODUCTION Globally, the issue of tax, investment, and dispute resolution in investment law is one that witnesses constant scuffle between the prominent players namely: the state and the investors. Jurisdiction of an arbitral tribunal plays a vital role in disputes between investors and state. States prefer the dispute to be resolved in their national courts as per their national laws while investors … Continue reading Treaty Shopping: A Melee Between the Primary Players

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Constitutional Law, Posts, Securities

Whatsapp Leak Case: A Struggle Between Right & Duty

By: Chitresh Baheti INTRODUCTION Reuters, on 16th November 2017, reported that the quarterly results of 12 giant MNCs[1] were being circulated on WhatsApp groups even before they were declared. This information was being circulated under the title ‘HOS: Heard on Street’.[2] This prompted the Indian security regulator board, SEBI, to carry forward investigations which came to be known as the WhatsApp Leak case.[3] SEBI conducted … Continue reading Whatsapp Leak Case: A Struggle Between Right & Duty

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Posts, Public Policy

Commercial Surrogacy: Should the Law Intervene?

By: Vishal Hablani INTRODUCTION India is emerging as a hub for the International Commercial Surrogacy.[1] Lax surrogacy laws, low costs and the huge number of women willing to become surrogate mothers have contributed in making India a preferred destination for surrogacy.[2] However, there have been reported incidents concerning employment of unethical practices to exploit surrogate mothers and abandonment of children born out of surrogacy.[3] The … Continue reading Commercial Surrogacy: Should the Law Intervene?

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Posts, Public Policy

Regulation of Electronic Cigarettes: A New Public Health Challenge for India

By: Daanish Naithani INTRODUCTION “There is not enough evidence to understand the health impact of vaping”.[1] This statement has become a common gateway to shut down any debate on the use and regulation of Electronic Cigarettes (hereinafter e-cigarettes). To make matters worse, there is no data available regarding its awareness and use for the Indian populace.[2] In such a background, it is needless to state that the … Continue reading Regulation of Electronic Cigarettes: A New Public Health Challenge for India

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International Law, Posts

A War That Should Never Have Happened: Analysing India’s Stand With Respect to The Syrian Civil War and Refugee Crisis

By: Akash Anurag & Udaiveer Singh Ahlawat A BRIEF OVERVIEW OF THE SYRIAN CIVIL WAR AND THE REFUGEE CRISIS As the Syrian conflict reaches its conclusion with the almost certain defeat of the rebel forces, more than 4,65,000 Syrians have been killed in the fighting, more than a million injured and over 12 million, half the country’s pre-war population has been displaced from their homes. The crisis … Continue reading A War That Should Never Have Happened: Analysing India’s Stand With Respect to The Syrian Civil War and Refugee Crisis

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Dispute Resolution, International Law, RMLNLU International Legal Essay Competition

Enforceability of International Arbitral Awards in Light of the New York Convention

By: Tarini D. Prabhu INTRODUCTION International arbitration is growing as a means of dispute resolution today. Arbitration is considered a more cost-effective, timely, and flexible means of resolving disputes, without having to resort to litigation and its accompanying inconveniences. Although there is an effort to shift away from litigation and the regular courts, arbitration cannot completely sever itself from the courts as it ultimately depends … Continue reading Enforceability of International Arbitral Awards in Light of the New York Convention

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Dispute Resolution, International Law, RMLNLU International Legal Essay Competition

The inclusion of Award or its Non-Enforcement in the Definition of the Investment

By:  Yash Lahoty INTRODUCTION The investment in different states other than the state of establishment (Parent state) is governed by International Investment Agreements (IIAs) also known as Bilateral Investment Treaties (BITs) between the contracting state parties. International Commercial Disputes are now preferably settled through international Commercial Arbitration that is specifically provided in the investment treaty itself.[1] The treaty provides for all kinds of disputes possible … Continue reading The inclusion of Award or its Non-Enforcement in the Definition of the Investment

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Dispute Resolution, International Law, RMLNLU International Legal Essay Competition

Third Party Funding: Wrecking Or Renovating The Landscape Of International Arbitration?

By: Soumya Jha INTRODUCTION Despite being one of the most popular dispute resolution mechanisms in today’s time, international arbitration continues to be an expensive process.[1] Even though, the arbitration fraternity is on a constant lookout for ways to reduce cost and time in arbitration proceedings,[2] these efforts to procedural reforms have their own limitations. This becomes impossible to ignore in mainly two situations: firstly, when … Continue reading Third Party Funding: Wrecking Or Renovating The Landscape Of International Arbitration?

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