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Merger control for IRPs: Do acquisitions of distressed firms warrant competition scrutiny?
(Indian Institute of Management Ahmedabad, 2020-05-08)
In July 2019, the Competition Law Review Committee Report had recommended that Insolvency Resolution Plans (IRP) which result in combinations should be green-channelled. This would mean that IRP combinations would be ...
Law does not permit any relief to Mistrys once their case on oppression failed
(Financial Express, 2021-09-18)
Compensation for environmental damage: progressively casting a wider net, but what’s the catch?
(Indian Institute of Management Ahmedabad, 2020-06-01)
The 2018 decision by the International Court of Justice (ICJ) in which it for the first time addressed
compensation for environmental damage in the case Certain Activities Carried Out by Nicaragua in the Border
Area ...
Auditors’ negligence and professional misconduct in India: a struggle for a consistent legal standard
(Indian Institute of Management Ahmedabad, 2020-01-09)
Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross ...
Pre-packs in the Indian insolvency regime
(Indian Institute of Management Ahmedabad, 2020-08-03)
Pre-packaging allows a distressed company to negotiate a plan with its creditors and a purchaser before entering formal insolvency proceedings. By allowing the terms of a plan to be negotiated before formal proceedings, ...
Doctrinal conflict in foreign investment regulation in India: NTT Docomo vs. Tata Sons and the case for “Downside Protection”
(Indian Institute of Management Ahmedabad, 2021-02-01)
The strategic importance of India as an investment destination for foreign investors is highlighted by ongoing tensions in the Indo-Pacific region, and the recognition that a strong economic relationship with India is in ...
Public perception of courts in India: unmeasured gap between the justice system and its beneficiaries
(Indian Institute of Management Ahmedabad, 2020-11-02)
Understanding how people view the courts and the legal profession helps in identifying some areas of friction, and thereby provides critical insights into the measures needed to improve the working and management of the ...
Treatment of intellectual property license in insolvency: analysing Indian law in comparison with the U.S. and U K
(Indian Institute of Management Ahmedabad, 2021-08-01)
A bankrupt debtor’s ability to escape unprofitable contracts, enshrined in Section 365 of the American Bankruptcy Code, is considered central to a successful reorganisation within Chapter 11. The ambit of this power and ...
Section 29A of India’s insolvency and bankruptcy code: an instance of hard cases making bad law?
(Indian Institute of Management Ahmedabad, 2021-07-01)
The Insolvency and Bankruptcy Code, 2016 offers a second chance to a distressed corporation but not its incumbent management. Section 29A of the IBC excludes promoters and the incumbent management of corporations with ...
Insolvency set offs in India: a comparative perspective
(Indian Institute of Management Ahmedabad, 2021-06-01)
The overarching objective of the Insolvency and Bankruptcy Code, 2016 (IBC) is to foster rescue culture in India and facilitate the reorganization, restoration and resolution of the corporate debtor rather than its ...