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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 ...
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, ...
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 ...