- 6 min
BYJU'S KILLER ACQUISITION: CCI'S KNIFE AGAINST A GUNFIGHT
This post is authored by Swetha Somu and Sanigdh Budhia, second-year students of B.B.A. LL.B. (Hons.) and B.A. LL.B. (Hons.) respectively, at Gujarat National Law University, Gandhinagar. 1. INTRODUCTION The pandemic has increased the demand for ed-tech services hence incentivizing ed-tech start-ups to go on an acquisition frenzy in order to expand their portfolios and to attain economies of scale. BYJU’s too indulged in a series of acquisitions of different-sized ed-tech s
- 10 min
ANALYSING THE CONTOURS OF CROSS BORDER INSOLVENCY FRAMEWORK WITHIN THE INDIAN LEGAL FRAMEWORK
This Guest Article is authored by Shreya Prakash (Senior Associate, Shardul Amarchand Mangaldas & Co.) and Kritika Poddar (Research Fellow, Shardul Amarchand Mangaldas & Co.) as part of the RFMLR-IBBI Blog Series Competition. 1. INTRODUCTION The Ministry of Corporate Affairs (“MCA”) in November 2021, issued a notice inviting comments on its proposed modifications to include a cross-border insolvency framework in the Insolvency and Bankruptcy Code, 2016 (“Code”) (“Notice”). T
- 6 min
INTERVIEW: MR. TARIQ KHAN ON FOREIGN ARBITRAL AWARDS
The October edition of Au courant features an interview with Mr. Tariq Khan, (Principal Associate at Advani & Co.), wherein he discusses foreign arbitral awards. Tariq Khan is currently working as the Registrar of the International Arbitration and Mediation Centre (IAMC), Hyderabad. He is a former Partner of Advani & Co., New Delhi, which is India’s oldest arbitration law firm. He is enlisted in the Forbes Legal Powerlist, 2020-2021 as one of the top individual lawyers and th
- 10 min
INTERVIEW: PRASANTH SUGATHAN ON INFORMATION TECHNOLOGY RULES
The March edition of Au courant features an interview with Mr. Prasanth Sugathan, Legal Director, Software Freedom Law Center, wherein he discusses the latest Information Technology Rules. Prasanth Sugathan is a lawyer with extensive practice in the fields of intellectual property law, technology law, constitutional law, and administrative law. He has worked for years with the Free Software community in India. He is currently serving as the Legal Director of Software Freedom
- 7 min
RATIONALITY OF “IPSO FACTO” CLAUSES IN LIGHT OF INSOLVENCY LAWS IN INDIA
This guest blog under the RFMLR-IBBI Blog Series Competition has been authored by Ms. Anjali Jain, Partner (Insolvency & Debt Restructuring), Areness Law. She was assisted by Varnit Jain, 5th-year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab. 1. INTRODUCTION In recent times, preserving the status of a corporate debtor as a 'going concern' has become incredibly challenging due to invocation of certain contractual obligations that were agreed to
- 15 min
INTERVIEW: MR. SAHIL KHANNA ON ANTI-TRUST REGULATORS
The November edition of Au courant features an interview with Mr. Sahil Khanna, Senior Associate at Economic Laws Practice, wherein he discusses the Tussle between Anti-Trust Regulators and Big Tech Companies. Sahil Khanna is a Senior Associate, Competition Law at Economic Laws Practice (ELP), a leading full-service Indian law firm established in the year 2001 by eminent lawyers from diverse fields. He primarily specializes in competition law and has also authored multiple ar
- 10 min
INTERVIEW: MR. SACHIN BHANDAWAT ON TRUST AND ESTATE PLANNING
The September edition of Au courant features an interview with Mr. Sachin Bhandawat, Principal Associate at Khaitan & Co, wherein he discusses Trust and Estate Planning. Sachin Bhandawat is a Principal Associate at Khaitan & Co with extensive practice in the field of Private Client Practice and General Corporate. As part of the private client practice, he regularly advises promoters and high net worth individuals (Indian citizens/residents as well as NRIs) on: (i) Estate & s
- 7 min
ABUSE OF COLLECTIVE DOMINANCE: NEED FOR RECOGNISING THE CONCEPT IN INDIA
The Editorial Column is authored by Srishti Kaushal and Diya Vig, Associate Editor and Assistant Editor respectively, at RGNUL Financial and Mercantile Law Review. 1. Introduction Collective dominance refers to a situation wherein two or more enterprises jointly hold the position of dominance in the recognised market. Abuse of such collective dominance is observed when such multiple undertakings, who may individually hold minimal market share, form such common conduct or rela
- 8 min
LEGALIZING E-SPORTS: VIRTUAL SPORTS BUT REAL PROBLEMS
This post, the Winning Entry of the 2nd RFMLR Freshers' Article Writing Competition, 2021, is authored by Megha Bhartiya, first-year student of B.A. LL.B. (Hons.) at Rajiv Gandhi National University of Law, Patiala. 1. INTRODUCTION The E-sports industry owes its existence to the interaction between largely consumed conventional competitive sports and the age of globalization. Digital spaces have provided an effortlessly efficient way to interact with people around the world,
- 5 min
SCOPE OF JUDICIAL ENQUIRY UNDER SECTION 33(2)(B) OF INDUSTRIAL DISPUTES ACT: AN ANALYSIS (PART-II)
This post is authored by Vidushi Gupta, a fourth-year B.A. LL.B. (Hons.) student at National Law School of India University, Bangalore. This is the second part of the two-part blog on the scope of judicial enquiry under Section 33(2)(b) of the Industrial Disputes Act. This part discusses the need for judicial reform and concludes the article. The first part can be accessed here. 1. STATUTORY REMEDIES AND THE LEGISLATIVE SCHEME It has been held that the worker is not prejudice
- 7 min
SCOPE OF JUDICIAL ENQUIRY UNDER SECTION 33(2)(B) OF INDUSTRIAL DISPUTES ACT: AN ANALYSIS (PART-I)
This post is authored by Vidushi Gupta, a fourth-year B.A. LL.B. (Hons.) student at National Law School of India University, Bangalore. 1. INTRODUCTION Section 33(2)(b) of the Industrial Disputes Act, 1947 ("IDA") states that an employer has the power to discharge/dismiss workmen (who are involved in an industrial dispute) for any misconduct unconnected with the dispute, during the pendency of that dispute. However, the employer is required to pay one month’s wages to the wor
- 7 min
RESOLUTION PLAN: AN INESCAPABLE OBLIGATION
This post, the selected entry of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Sakshi Garg, LL.B. student at Campus Law Centre, University of Delhi. 1. Introduction A resolution plan can be considered as the boat provided by someone else which helps the distressed companies float through the hurricane of insolvency. However, this boat sometimes turns out to be a rope that ties the helper’s hands binding him into obligations he didn’t initially intend to underta
- 6 min
CODE OF CONDUCT FOR COC – NEED OF THE HOUR? (PART-II)
This post, the selected entry of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Nency Shah, third-year law student at the Institute of Law, Nirma University & Devanshu Anada, fourth-year law student at the Gujarat National Law University, Gandhinagar, Gujarat. This is the second part of the two-part blog on regulating the commercial wisdom of CoC by imposing a Code of Conduct. This part discusses alternative solutions to the issue and concludes the blog. The fir
- 9 min
CODE OF CONDUCT FOR COC – NEED OF THE HOUR? (PART-I)
This post, the selected entry of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Nency Shah, third-year law student at the Institute of Law, Nirma University & Devanshu Anada, fourth-year law student at the Gujarat National Law University, Gandhinagar, Gujarat. 1. Introduction – Outlining the Problem The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted primarily with the twin objectives of time-bound insolvency resolution and value maximization of the ass
- 8 min
STREAMLINING ‘COMI’ IN INDIAN CROSS-BORDER INSOLVENCY REGIME: LEARNING LESSONS FROM EU REGULATIONS
This post, the selected entry of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Kaustubh Kumar, a second-year student pursuing B.A. LL.B (Hons.) at National University of Study and Research in Law, Ranchi. 1. INITIATION PHASE OF THE CROSS-BORDER INSOLVENCY IN INDIA In Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors., while taking into account the working of the Insolvency and Bankruptcy Code, 2016 (“the Code”), the Hon’ble Apex Court stated that the Code
- 8 min
QUANDARIES IN RECOGNITION OF FOREIGN PROCEEDINGS UNDER DRAFT PART Z OF THE IBC
This post, the entry winning the Third Position of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Trisha Singh Naulakha and Ishu Gupta, both fifth-year students of B.A. LL.B. (Hons.) at the Symbiosis Law School, Noida. 1. INTRODUCTION In June 2018, the Ministry of Corporate Affairs ("MCA") released a draft framework for cross-border insolvency (Draft Part Z) for its incorporation in the Insolvency and Bankruptcy Code, 2016 ("IBC") and invited comments from exper
- 6 min
SIMULTANEOUS INSOLVENCIES UNDER THE IBC: WHERE IS THE PROCEDURAL LAW?
This post, the entry winning the Second Position of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Tanvi Apte, a fifth-year B.A.LL.B. (Hons.) student at the NALSAR University of Law, Hyderabad. The Insolvency & Bankruptcy Code 2016 was, at its inception, silent regarding the admission of simultaneous insolvency proceedings (or, filing of simultaneous claims) against the principal borrower as well as the guarantor(s). Post a 2018 amendment, the Code’s Sections 60
- 10 min
ASSESSING THE MAINTAINABILITY OF CIRP OF PERSONAL GUARANTORS: LEGAL FRAMEWORK AND CONSEQUENCES
This post, the Winning Entry of the RFMLR-IBBI Blog Series Competition, 2021, is authored by Priankita Das, fourth-year student of B.A. LL.B. (Hons.) at Dr. Ram Manohar Lohiya National Law University, Lucknow. 1. INTRODUCTION Post the notification of certain provisions under Part III of the Insolvency and Bankruptcy Code, 2016 (“IBC”) by the Ministry of Corporate Affairs in November 2019, several issues have come to light vis-à-vis the insolvency resolution process of persona
- 6 min
NAVIGATING THE GREY-AREA OF ENVIRO-SPACE DISPUTES: IS ARBITRATION THE WAY TO GO?
The Editorial Column is authored by Nishi Kaur, Junior Editor at RGNUL Financial and Mercantile Law Review. 1. INTRODUCTION The quest for an effective mechanism for deciding the increasing volume of disputes concerning environmental damage or environmental disputes, has dominated much of the discourse in the international and the domestic scenario. Environmental disputes are a sub-category of public disputes that involve various resources, parties and a combination of issues
- 7 min
FACEBOOK'S ACQUISITION OF KUSTOMER: ANALYZING THROUGH THE LENS OF EXCESSIVE DATA COLLECTION
This post is authored by Akshat Kothari and Samridhi Shrimali, third-year students of B. Com. LL.B. (Hons.) and B.A. LL.B. (Hons.) respectively at Institute of Law, Nirma University, Ahmedabad. 1. INTRODUCTION The European Commission has initiated an in-depth inquiry into Facebook's proposed acquisition of U.S. consumer company Kustomer under the EU Merger Regulation, 2004. The Commission is concerned that the planned merger may reduce competition in the market for customer r