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VOLUME 4 ISSUE 1

INTERNATIONAL COMMERCIAL ARBITRATION

 

ANAHITA GAIND

The author is 3rd year student of, B.A. LL.B., Army Institute of Law, Mohali. Views stated in this paper are personal.

The article provides a comprehensive overview of the position of Indian law on international commercial arbitration both seated within and outside India and examines the recent judicial decisions in this field. It argues that the changes inserted by the Arbitration and Conciliation (Amendment) Act, 2015 are a step in the right direction in certifying that India moves towards being an arbitration-friendly nation. This paper also throws light on the potential barriers faced by parties who are governed by the Arbitration and Conciliation Act, 1996 with the new law in place. 

CREDITOR SECURED: FACE OF CHANGED BANKRUPTCY LAW AND CORPORATE GOVERNANCE IN INDIA 

PRATEEK SRIVASTAV AND DUSHYANT THAKUR

The authors are second-year students of B.A. LL.B. (Hons.) at Gujarat National Law University. Views stated in this paper are personal. 

The article is a comprehensive analysis of the corporate bankruptcy law in India. The paper starts by delving into the historical roots of insolvency laws and then moves towards the history of corporate insolvency in India along with the flaws that existed in the previous regime. The article then proceeds to an in-depth discussion into the Insolvency and Bankruptcy Code, 2016, focusing on the major processes that are involved in the same and then provides a comparative analysis with the laws in the US, UK and China. In addition to a comparison of the code with International Standards on Insolvency, its effect on corporate governance in India is also discussed, before providing a conclusion.

EARLY MARKET EXIT IN INSOLVENCY AND BANKRUPTCY ACT 2016 AND PROSPECTIVE IMPACT ON START-UP REGIME IN INDIA 

SUBHANKAR DAS

The authors are fourth-year students of B.A. LL.B. (Hons.) at National Law University Odisha, Cuttack. Views stated in this paper are personal.

The article aims to draw an analogy between the new start-up policy of India and the implementation of the Bankruptcy and Insolvency Act, 2016 in the policy. During the course of the paper, the major features of the abovementioned act and the new start-up policy have been discussed along with an analysis of the positive and negative impacts of hassle-free market exits on the start-up regime in India and whether the new bankruptcy laws will help in expanding the number of start-ups or will it prove insufficient in attracting start-up entities in the Indian market.

CORPORATE RESCUE REGIME: PERSPECTIVES, ANALYSIS AND LESSONS

SHUBHAM PATEL AND SHIKHAR TONDON

The authors are third-year student of B.B.A. LL.B. (Hons.) at Dr. Ram Manohar Lohiya National Law University, Lucknow. Views stated in this paper are personal. 

 

The article analyses the corporate insolvency resolution process as envisaged by the newly enacted Insolvency and Bankruptcy Code, 2016 of India. It compares the corporate rescue process established in the new Code, with the process as delineated earlier in the Companies Act, 2013 and Sick Industrial Companies Act, 1985, the provisions of which have now been incorporated to form one single Code. It also undertakes a comparative analysis of the Code with insolvency resolution schemes of the U.K., USA and Singapore. The author finally concludes by identifying the grey patches in the Code and gives suggestions to rectify those grey patches. 

RECENT CHANGES IN MERGER CONTROL REGIME VIS--À-VIS THE COMPETITION ACT 

PALLAVI MAHAJAN

The author is an Advocate at Delhi High Court,  and Company Secretary (ICSI). Views stated in this paper are personal.

The present article deals with the recent changes in the merger control regime in India vis-a-vis the Competition Act, 2012. The recent amendment has enhanced the existing jurisdictional thresholds under the Competition Act and amended and extended the existing exemptions for the target enterprise and group. The article analyses the key changes brought by the 2016 merger control regime such as enhancing the financial jurisdiction threshold by 100%, increasing the threshold of de minimis exemption by and revising the definition of group unto 50%. The author finally concludes by analysing the bottlenecks in implementing the amended merger control regime.

EQUITY CROWDFUNDING IN INDIA:: TOWARDS A REGULATORY FRAMEWORK

 

STUTI SHAH 

The author is fourth-year students of B.B.A. LL.B. (Hons.) at NALSAR University of Law, Hyderabad. Views stated in this paper are personal. 

The author in the present article deals with the Securities Exchange Board of India’s (SEBI) consultation paper on regulation of crowdfunding platforms in India. It analyses the existing legal framework which governs the raising of capital for a business venture, in the Companies Act, the SEBI Act, the Securities Contracts Regulation Act, 1956 and the Depositories Act, 1996. It then undertakes a jurisdictional comparison of crowdfunding regulations in the United States of America, United Kingdom and New Zealand. Lastly, the author critically analyses the SEBI consultation paper and highlights the concerns in the proposed regulatory framework.

FAIR DEALING IN COPYRIGHT LAW:: AN ANALYSIS VIS-À-VIS MEMES 

VIDHATRI BHARTI

The author is a second-year student of B.B.A. LL.B. (Hons.) at Army Institute of Law, Mohali. Views stated in this paper are personal.

In this article, the author examines the application of existing Copyright Laws, especially fair use or fair dealing laws, onto the novel concept of Memes, a form which inherently requires use of existing intellectual property. The author first examines the generally accepted principles of Copyright Laws, and then using a comparative analysis between the jurisprudence of the U.S. and India, comes to their conclusion that memes occupy a unique position in the law, by being against it and being protected by it.

UNDERSTANDING THE CHINESE STOCK MARKET CRASH, 2015: A PRIMER TO CHINESE CAPITAL MARKETS LAW

 

ENAKSHI JHA 

The author is fifth-year students of B.B.A. LL.B. (Hons.) at NALSAR University of Law, Hyderabad. Views stated in this paper are personal. 

In this article, the author provides a comprehensive analytical look into the nuances of China’s unique capital markets, and how it can be attributed as a major reason for China’s stock market crash. By first examining the development of this system, and the contemporary limitations of the same, the author then provides a holistic overview of this crash, and how the complicated regulatory burden led to a market crash aggravated by individual and foreign investors, which could be resolved through regulatory reform.

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