By Vallari Dronamraju, Final Year Student at National University of Advanced Legal Studies, Kochi Introduction Coercion in Indian law that renders an agreement voidable, is considered as duress in English law.. In English law, a contract may be voidable on the same grounds as India (coercion, undue influence, fraud or misrepresentation) and set aside as … The post The Doctrine of Lawful Act Economic Duress: Will the PIAC Decision Impact Voidable Contracts in India? first appeared on Commercial and Financial Law Reporter ..read more

By Saumya Vanwari, Fourth Year Student at Institute of Law, Nirma University The long-awaited dispute on the enforceability of “Emergency Award” was finally settled by the Supreme Court in ‘Amazon.com NV Investment Holdings LLC v. Future Retail Limited & Ors.’ The two-judge bench ruled in favour of Amazon and declared the Emergency Arbitration (“EA”) passed … The post Emergency Arbitration: A Necessity for Legislative Clarifications? first appeared on Commercial and Financial Law Reporter ..read more

By Ankur Mishra, Fourth Year Student at Institute of Law, Nirma University On 26 July 2021, the Hon’ble Supreme Court in M/s. Orator Marketing Pvt. Ltd. v. M/s. Samtex Desinz Pvt. Ltd. analyzed the status of interest-free loans as financial debt. The SC categorically observed that an interest-free loan, which is advanced to finance the … The post The Orator Saga: Validity of Interest-Free Loans as Financial Debt first appeared on Commercial and Financial Law Reporter ..read more

By Aryaman Kapoor and Samriddhi Guha, Second Year Students at Jindal Global Law School On August 12, 2021, the Board of Directors of Aurobindo Pharma Limited, announced its financial results for the first quarter along with the dividend. At the same time, it also announced its agreement to acquire a majority stake in Cronus Pharma … The post The Unreported Case of Aurobindo Pharma’s Non-Compliance first appeared on Commercial and Financial Law Reporter ..read more

By Anmol Ratan, Fourth Year Student at NLSIU Bangalore Back in 2010, Dani Rodrik, a renowned economist at Harvard proposed the idea of the political trilemma and hyper-globalisation in his book, The Globalisation Paradox: Democracy and the Future of the World Economy (W.W. Norton, 2010). Over the course of his book Rodrik hinted at the … The post Reviewing Taxation (Laws) Amendment, 2021 in Times of Global Capital Code first appeared on Commercial and Financial Law Reporter ..read more

By Mr. Ajar Rab, Partner at Rab & Rab Associates LLP and Ms. Kirpen Dhaliwal, LL.M Candidate at NALSAR Hyderabad and research assistant to Mr. Ajar Rab The recent judgment of a three-judge bench of the Supreme Court in PASL Wind Solutions Private Ltd.. v. GE Power Conversion India Private Ltd. (“PASL”) is a monumental … The post Two Indian Parties Can Pick A Foreign Seat: But What About Substantive Law? first appeared on Commercial and Financial Law Reporter ..read more

By Sharvari Manapure and Priya Ganotra, Students at National Law University of Nagpur Introduction The capital market around the globe has been scaling up and the American notion of Special Purpose Acquisition Companies (“SPACs”) has emerged into the limelight for investors. The SPACs are characterized as shell companies incorporated for the sole purpose of raising … The post SPACs in India: A Hostile Environment? first appeared on Commercial and Financial Law Reporter ..read more

By Sinhani Prem, Student at Jindal Global Law School, and Sukriti Bhagat, Associate at IndusLaw Introduction With an objective of aligning and addressing the on-going issue of promoter/promoter group and requirements in an IPO, Securities and Exchange Board of India’s (SEBI) floated a new consultation paper dated 11 May 2021 and proposed four main changes— … The post SEBI’s Consultation Paper: Streamlining ‘Promoters’ and ‘Promoter Group’ Definition first appeared on Commercial and Financial Law Reporter ..read more

By Khyati Tuli and Daksh Mehta, Students at Amity Law School, Delhi Insolvency and International Commercial Arbitration (“ICA”) are two parallel regimes which tend to converge at various instances. The tribunals, across the world have taken different approaches in relation to continuance of ICA when a parallel insolvency proceeding has commenced in the native state … The post Insolvency and International Commercial Arbitration: Two Distinct Approaches first appeared on Commercial and Financial Law Reporter ..read more

By Ashish Kumar and Trishit Kumar Satpati, Students at NMIMS School of Law, Bangalore Introduction The apex court in the case of Government of India vs M/s Borse Brothers Engineers & Contractors Pvt Ltd (“Borse”) held that the delay in the filing of an appeal under section 37 of the Arbitration and Conciliation Act,1996 (“Act”) … The post Condonation of Delay under Arbitration and Conciliation Act and Commercial Courts Act first appeared on Commercial and Financial Law Reporter ..read more