‘Bans’: An Unjust Encroachment on the Right to Freedom of Choice?

By: Kriti Sharma Over the din of overwhelming protests of people against the state’s prerogative to decide what should be consumed (not merely edibles of course), the individual’s freedom of choice lies hanging between its somewhat unsettled constitutionality and the larger role of polity in defining it. The Maharashtra Animal Preservation (Amendment) Bill, 1995 was finally assented to by President Pranab Mukherjee after being passed … Continue reading ‘Bans’: An Unjust Encroachment on the Right to Freedom of Choice?

GST and the ‘Manufacturing’ Sector – The Challenges Ahead

By: Aradhana & Abhishek Kumar Introduction The manufacturing sector of a nation serves as a base for its economy. The Union budget of 2015 focused towards the expansion of this very sector by means of various incentives and concessions but the important question, in this regard, is whether such steps on part of the Union Government could harness the “real growth” of this sector. The … Continue reading GST and the ‘Manufacturing’ Sector – The Challenges Ahead

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?

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

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

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

Law as a Tool to Protect

By: Abhishek Dwivedi “If you have ten thousand regulations you destroy all respect for the law.” – Winston S. Churchill In 2014, when the new Indian government took charge, one of the first priorities it listed in its election manifesto was to repeal a host of redundant and obsolete laws. The idea was to simplify the doing of business in the country and emphasize the Make-in-India scheme. … Continue reading Law as a Tool to Protect

Online Arbitration in India

By: Ananya Pratap Singh & Lauv Kumar INTRODUCTION With the advent of e-commerce worldwide, India has proved to be a lucrative market for Multinational Corporations (or MNCs) for commencing businesses. Consumers in India are not much aware of their digital rights. Moreover, India also lacks dispute resolution forums for such digital claims. In this scenario, there is an impending need for Online Arbitration (hereinafter ‘OA’) … Continue reading Online Arbitration in India

The Constantine Conundrum: Can PIOs and OCIs Represent India in FIFA Competitions?

By: Pratyush Pandey Stephen Constantine, coach of the Indian Football Team, devastated by India’s loss to Guam, expressed his desire to select players of Indian origin to represent the Indian team. Interestingly, Guam had fielded several US-based players who have played for clubs in the Major League Soccer (MLS)[1] in its win over India. Michael Chopra, who is considered one of the most talented Indian origin … Continue reading The Constantine Conundrum: Can PIOs and OCIs Represent India in FIFA Competitions?

The Shruti Seth Controversy: Need for Greater Regulation?

By: Akshat Agarwal and Anvita Dulluri Recently, the #SelfieWithDaughter campaign launched by the Prime Minister became trending news on the internet, more so for the controversy, it generated than for the social cause it sought to espouse. The attempt was aimed at raising awareness about the prevalence of female foeticide in India and the rapidly declining sex ratio. It received a sensational response across the … Continue reading The Shruti Seth Controversy: Need for Greater Regulation?