The Legal Arc

Interviews

Vaishnavi Gupta, Business Law

Alumni from our very own college, she works as an associate at Khaitan & Co. She finished her degree with a specialization in banking, finance, corporate, and securities law. Interviewed by Kshitij Kasi Viswanath INTERVIEWER What inspired you to take up law and continue it with the rigour you are currently working with Khaitan? VAISHNAVIContinue reading “Vaishnavi Gupta, Business Law”

Articles

Cross Border Insolvency under the Indian Regime: Necessity of Amending the Legislation post the Covid-19 Pandemic

By Sharbani Kar [1] & Pratik Dash [2] This paper begins by discussing the impact of COVID-19 on Cross border Insolvency proceedings. The Model Law and its core principles are discussed with the adoption by the developing nations. Under Sections 234 and 235 of the Insolvency and Bankruptcy Code, 2016, India has a cross-border insolvencyContinue reading “Cross Border Insolvency under the Indian Regime: Necessity of Amending the Legislation post the Covid-19 Pandemic”

A Critique on the Implications of Counter-Guarantee vis-à-vis Bank Guarantee and Letter of Credit

By Samrudh Kopparam [1] ABSTRACT With the emergence of the COVID-19 pandemic, the entire world went into lockdowns which immensely impacted the global economy. To recuperate from this impact and ‘rebuild’ the global economy, global cooperation, collaboration, and international trade is of the essence. At times like these, transactional security becomes pivotal to bring inContinue reading “A Critique on the Implications of Counter-Guarantee vis-à-vis Bank Guarantee and Letter of Credit”

Assessing the Viability of Green Channel Route for Combination Approvals in a Resolution Plan

By Priya Ganotra & Sharvari Manapure [1] INTRODUCTION In India, the Competition Act 2002 (hereinafter “Act”) follows the philosophy of fostering competition and protecting markets in India from anti-competitive actions. However, in any market, a firm may find it difficult or unable to deliver its goals and business activity can fail, resulting in default inContinue reading “Assessing the Viability of Green Channel Route for Combination Approvals in a Resolution Plan”

Emergency Arbitration: A Climax for ADR in India

By Kashish Khurana & Aaradhy Shrivastava [1] INTRODUCTION The dispute resolution techniques have been emerged as a saviour for the lengthy time-consuming judicial procedures in India. The technique of Emergency Arbitration is one such interim dispute resolution technique that has been evolving for providing an effective resolution to the parties. Emergency Arbitration is like aContinue reading “Emergency Arbitration: A Climax for ADR in India”

Obstetric Violence in Brazil as a Violation to the Right to Information

By Julia Moreira Maschio [1] INTRODUCTION The fight against obstetric violence is constant and is mainly based on human rights, considering that this issue is a public health problem. In this sense, it is possible to notice the efforts of the Ministry of Health to create public policies to prevent and guarantee women’s health. However,Continue reading “Obstetric Violence in Brazil as a Violation to the Right to Information”

Case Commentaries

Unwinding the Crypts: Himesh Bhatia v. Kumar Vivekanand

By John Paul Alex [1] The cryptocurrency regime in India has been gaining momentum over the past few years despite regulatory uncertainty and intense volatility. Reports have suggested that Indians have shifted from investing in gold to cryptocurrencies lately. The Covid-19 pandemic has popularised electronic contracts, which led to the increase in numerous cryptocurrency transactions.Continue reading “Unwinding the Crypts: Himesh Bhatia v. Kumar Vivekanand”

Recent Updates

Recent Updates

I. Supreme Court directs Child Welfare Committees (CWCs) to complete inquiry on orphans within 3 weeks. It has been reported that more than one lakh children have lost either one or both parents struggling during COVID-19. The survival of such children is at stake. This observation has been made by the division bench comprising JusticeContinue reading “Recent Updates”

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Kirit P. Mehta School of Law Publications