The Insolvency and Bankruptcy Code, enacted in 2016, has reconceptualised the framework for insolvency resolution in India. The Code being at a nascent stage has been amended on a number of occasions and has been a subject of widespread debate. In pursuance of the same, we sat with Mr. Anoop Rawat, Equity Partner, Shardul Amarchand Mangaldas and Company, for a short discussion on the impact of the Insolvency and Bankruptcy Code and the surrounding issues. Our discussion followed from the need of an efficient infrastructure for the effective implementation of the resolution plan, the impact of COVID-19 in maintaining the operations of the Corporate Debtor as a going concern, the need to streamline the Indian debt regulations and more. Continue reading BlogTalk 2.0: Mr. Anoop Rawat on Corporate Restructuring and Insolvency
In this post, the authors analyse the issues pertaining to the proposed Free Trade Agreement between India, China along with ASEAN member nations and five other countries. The authors analyse these issues with a special emphasis on India’s pending Trade Deficit with China and other member nations and the consequences of amending our Plant Variety Protection laws. Continue reading Indian Agrarian Distress and Regional Comprehensive Economic Partnership: A Study on India’s Trade Deficit and Plant Variety Protection Laws
In this article, the authors analyse the issue of extinguishment of claims in order to provide a fresh slate to the resolution applicant who takes over the debt ridden corporate debtor in light of the Supreme Court’s Essar Judgment. Recently, the National Company Law Appellate Tribunal and the Rajasthan High Court have relied on the same to hold that the claims prior to the passing of the resolution plan stand extinguished. Continue reading Extinguishment of Claims Under the IBC: A Fresh Slate
In this post, the author has analysed the interaction of the judiciary with the legislature via-a-vis the separation doctrine, the position in contemporary jurisdictions and the bleak possibility of such a structure in a democratic federal set-up like India.
Continue reading Judges in Legislature: Can the Gap be Bridged Without Hurting the Separation?
In this post, the authors draw the attention to Facebook Inc.’s recent acquisition of a 9.99% minority stake in Reliance Industries’ digital arm, Jio Platforms Limited. They analyse how such deals may arise problems of a dual nature, revolving around data protection and competition law, and point to the lack of a data protection statute in India to tackle the same. Continue reading The Reliance-Facebook Deal: A Case for Data-Driven Mergers
In this article, the authors discuss whether the government can force the citizens to give up their Fundamental Rights to avail a government benefit, in light of the recent Jharkhand High Court order which made it mandatory for an under-trial to download the Aarogya Setu Application in order to get a bail. Continue reading Whether the State can Force Citizens to Give Up their Rights in Exchange for Government Benefits? An Analysis in Light of Aarogya Setu being made Mandatory for Getting Bail
In this post, the author focuses on the need to rethink the utility of some of the agri-related legislation and policies and elaborates on how these statutes are contributing to the woes of the farmers. The author focuses on the role of the Essential Commodities Act, 1955 in discouraging investment in the agriculture sector and the role of Prevention of Cruelty to Animals in Animal Markets Rules, 2018 in devastating the livestock economy. Continue reading Rethinking Populist Paternalistic Legal Prescriptions & Policies to Address Agrarian Distress in India
In this post, the author draws an analysis of the safeguards which the competition law regime in India offers, in regard to the current situation of economic crisis, by comparing it with those offered in other jurisdictions. By doing so, he calls for the need for creating joint ventures among market players for mitigating the effect of the crisis. Continue reading An Analysis of the Indian Competition Law Regime During the COVID-19 Pandemic
In this article, the author seeks to analyse both, the majority and the dissenting opinion, of the US Supreme Court, offered in the interpretation of the doctrine of stare decisis in Ramos v Louisiana. The author concludes by arguing as to why the Sixth Amendment right shall be applicable against the States and not only against the Federal Government. Continue reading Ramos v. Louisiana: The US Supreme Court’s Interesting Take on the Doctrine of Stare Decisis
In this post, the author aims at tracking the cumulative impact of WTO panel’s interpretation of the scope of allowable export subsidy and expansion of products under the Information Technology Agreement (ITA-2) on the domestic electronic manufacturing industry in India. Further, the article raises issues with the Start-up India policy with regard to targeting incentives for innovation and recommends the integration of industrial and innovation policy of the government. The article concludes by suggesting that India should utilise the flexibility provided to developing countries with respect to R&D subsidy as incentive for domestic players to innovate products that can take benefit of reduced tariff under ITA-2.
Continue reading Incentive Structure for Domestic Electronic Manufacturing Industry Under the WTO regime