Month

January 2025
The Gibbs Rule, coined in 1890 by the English Courts, is a long-established common law principle wherein the Queen’s Division Bench, determined that a debt governed by English law cannot be discharged or compromised by a foreign insolvency proceeding1 . This statement thus stands to reason that unless otherwise a creditor submits to a foreign...
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The Economic Times on 23rd October, 2023, opined that the MNCs in India, might be facing a retrospective tax demand upto 11000 Crores. Similarly, Foreign Portfolio Investors from Netherlands would now be subjected to 10% withholding tax as opposed to 5%, thereby reducing this ROI from India. Added to this, are further two possibilities, i.e....
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Validity of extension of Arbitral Mandate post award in terms of Section 29A of the Arbitration and Conciliation Act, 1996 : Reassessed in light of the principles of Interpretation of Statutes and the celebrated Judgement of Hon’ble Supreme Court in Rohan Builders Vs. Berger Paints, SLP (Civil) No. 23320 of 2023 In courts, a majority...
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Judgment Analysis: Right of Termination of Contract vis-à-vis Boilerplate insolvency related Termination Clauses in Contract That the Hon’ble Supreme Court in Tata Consultancy Services Limited v. Vishal Ghisulal Jain, Civil Appeal No 3045 of 2020 once again enunciated the principles of limiting the power of NCLT/NCLAT while adjudicating upon an application with respect to the...
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Conundrum over initiation of Arbitration i.e., Pre and Post Insolvency Stage: A question often posits over the legitimacy of initiation of Arbitral Proceedings especially in its tussle with the Insolvency Regime. The two possibilities surrounding this conundrum, either in the pre or post insolvency process has been summarized as under: 1. Initiation of Arbitration after...
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