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VENUS RECRUITERS PT. LTD. V. UOI: EXPOUNDING AVOIDANCE APPLICATION FILED POST APPROVAL OF RESOLUTION

The Competition and Commercial Law Review

Jan 25
6 min

VENUS RECRUITERS PT. LTD. V. UOI: EXPOUNDING AVOIDANCE APPLICATION FILED POST APPROVAL OF RESOLUTION

[Sanskar Modi and Vijpreet Pal are second year students at National Law Institute University, Bhopal] Introduction The Insolvency and Bankruptcy Code 2016 (‘IBC’) is a continuously evolving legal instrument. The jurisprudence surrounding it has developed through legislative measures and judicial decisions. In the same spirit, the Delhi High Court (‘Court’) recently in Venus Recruiters Private Limited v. Union of India clarified the position regarding the status of Avoidance A

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DEMYSTIFYING THE PATHOLOGICAL ARBITRATION CLAUSE CONUNDRUM: A JUDICIAL INSIGHT

The Competition and Commercial Law Review

Jan 21
6 min

DEMYSTIFYING THE PATHOLOGICAL ARBITRATION CLAUSE CONUNDRUM: A JUDICIAL INSIGHT

[Kunal Saini and Ananya Raghavendra are final-year students at School of Law, Christ University, Bangalore] Introduction Defective arbitration and dispute resolution clauses are referred to as pathological clauses, also commonly known as “Champagne Clauses” or “Midnight Clauses” which embodies the degree of seriousness attached while drafting the clause itself. The main predicament arising out of such clauses is that it defeats the very purpose of arbitration by additionally

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SPACs IN INDIA: PROXY ROUTE FOR OVERSEAS LISTING

The Competition and Commercial Law Review

Jan 16
6 min

SPACs IN INDIA: PROXY ROUTE FOR OVERSEAS LISTING

[Urja Dhapre is a 3rd-year B.com LL.B. student and Vibhore Batwara is a 5th-year B.com LL.B. student at Institute of Law, Nirma University, Ahmedabad] Introduction With a creative navigation of raising capital from the public, the resurgence of Special Purpose Acquisition Companies [SPACs] is being highly recorded, especially in the United States - inverting the conventional route of an Initial public offering [IPO]. SPAC is a shell or a blank check company set up for the sol

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WHATSAPP PAY: AN UNFAIR ADVANTAGE?

The Competition and Commercial Law Review

Jan 12
6 min

WHATSAPP PAY: AN UNFAIR ADVANTAGE?

[Urshila Pandit and Shefali Girish are final year law student at School of Law, Christ University] Introduction In April, 2020 the social media giant Facebook Inc. announced that it would be acquiring a minority stake in Jio Platforms Ltd. Central to the deal is WhatsApp, a messaging platform owned by Facebook. After the launch of JioMart consumers will be able to purchase products from local Kirana shops through WhatsApp. Payments for such goods would be facilitated through

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USE OF TRESAs IN TAKEOVER: A NEED FOR REGULATION

The Competition and Commercial Law Review

Jan 7
6 min

USE OF TRESAs IN TAKEOVER: A NEED FOR REGULATION

[ Arundhati Barman Roy and Bhoomi Shah are final year student at NMIMS School of Law, Mumbai ] Total Return Equity Swaps are over the counter derivatives generally seen been used in the Indian context by Foreign Institutional Investors for hedging their positions without actually owning the shares. A FII is sceptic to invest in India due to the lesser standards of corporate governance followed by the corporates in its promoter family driven environment, delays in transfer of

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CONTEXTUALISING DERIVATIVE ACTION SUITS IN INDIA

The Competition and Commercial Law Review

Jan 2
6 min

CONTEXTUALISING DERIVATIVE ACTION SUITS IN INDIA

[Roopam Dadhich and Sankalp Jain are fourth year student at NALSAR University of Law, Hyderabad] Introduction Derivative Injury Suits [Derivative Suits] can be said to be the corollaries to ‘penetration of the corporate veil’ by Courts. Derivative suits are filed by the shareholders on behalf of all shareholders in common in response to any injury suffered by the Company. In such cases, whatever remedy that the Court awards would be with respect to the Company, and the legal

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