Dispute Resolution

Foreign Seated Emergency Arbitrator: The Enforceability Dilemma

Introduction The ICC Arbitration Rules provide for a procedure to the parties that want to seek an urgent temporary relief and are unable to wait for the constitution of Arbitral Tribunal. Uncertainty regarding the enforceability of such temporary relief in national courts has posed a serious problem and the same has come to the Supreme Court, directly or indirectly in plethora of cases, but the … Continue reading Foreign Seated Emergency Arbitrator: The Enforceability Dilemma

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Corporate

Impact of New Rules for Insolvency of Personal Guarantors under Insolvency and Bankruptcy Code, 2016

Ministry of Corporate Affairs vide its notification G.S.R. 854(E) dated 15th November, 2019 has recently issued  Insolvency rules viz. the Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Rules, 2019   as well as Bankruptcy Rules viz. The Insolvency and Bankruptcy (Application to Adjudicating Authority for Bankruptcy Process for Personal Guarantors to Corporate Debtors) Rules, 2019 (“Rules”) … Continue reading Impact of New Rules for Insolvency of Personal Guarantors under Insolvency and Bankruptcy Code, 2016

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Constitution, Opinion, Public Policy

Exclusivity of judges in the judicial appointments: A necessary evil?

A bare reading of the Constituent Assembly debates will be enough for anyone to get a feel of the worries and anxieties faced by the founding fathers of our constitution while discussing the issues relating to appointment of judges. Mr. TT Krishnamachari was right in raising the concern that the motive is not to make an Imperium in Imperio.[1] He stressed on the fact that … Continue reading Exclusivity of judges in the judicial appointments: A necessary evil?

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Opinion, Public Policy

End The Crime Not The Criminal: The Right To Be Forgiven in Indian Law

“a conscious, deliberate decision to release feelings of resentment or vengeance toward a person or group who has harmed you, regardless of whether they actually deserve your forgiveness.”[i] In a world of sweet roses and penal offences, every person commits a crime whether knowingly or unknowingly. Living in the 21st century we cannot deny the fact that crime is an integral part of society, even … Continue reading End The Crime Not The Criminal: The Right To Be Forgiven in Indian Law

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Corporate, Financial

Insolvency and Bankruptcy Proceedings Vis-a-Vis Financial Service Providers

Introduction Excepting the spate of neoteric amendments to the Insolvency and Bankruptcy Code, 2016 (IBC), the central government on 15th November, 2019 notified the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 (Rules).[i] The Rules subject the Financial Service Providers (FSP) to the process of Corporate Insolvency Resolution (CIRP) under the IBC. Intrinsically, FSP includes … Continue reading Insolvency and Bankruptcy Proceedings Vis-a-Vis Financial Service Providers

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