Author: aarnalawadmin
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Mr. Shibu Job Cheeran, Suspended Director of Corporate Debtor v. Mr. Ashok Velamur Seshadri, Liquidator of Archana Motors Limited
In Shibu Job Cheeran v. Mr. Ashok Velamur Seshadri, the National Company Law Appellate Tribunal observed that it must be proven that the former directors of the corporate debtor were aware of the company’s insolvency but continued to conduct business with ulterior motives in order to demonstrate the fraudulent purpose under Section 66 of the…
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India undertakes review of fast-track insolvencies
Smaller corporations often find the 270-day time frame required for a typical insolvency resolution process to be too long. The Bankruptcy Law Reform Committee determined that “there is merit in creating explicit provisions” for cases where the insolvency could be finished sooner.
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Latest developments in insolvency and bankruptcy in India
Go First Airlines Go First Airlines files for insolvency: On May 4, 2023, the NCLT Delhi reserves order on a request for an interim moratorium. On May 2, 2023, Nusli Wadia promoter of Go Air approached the Hon’ble National Company Law Tribunal (NCLT) and file petition seeking insolvency. A few years earlier, Jeh Wadia had been ousted because the airline was consistently losing money.…
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Invocation of arbitration under an unstamped or insufficiently stamped agreement
The Supreme Court of India recently decided upon a crucial issue of validity of an unstamped arbitration agreement. The five judge bench held that an instrument which is exigible to stamp duty, may contain an Arbitration Clause and which is not stamped, cannot be said to be a contract, which is enforceable in law within…
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Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors.
In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the Companies Act 2013 provision that overrides payment of workers’ dues during Liquidation process under the Insolvency and Bankruptcy Code, 2016.
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Challenging the Unilateral Appointment of an Arbitrator
In its recent ruling, the Bombay High Court reiterated the need for a written agreement between the parties if one of them objects to the unilateral appointment of an arbitrator by the other.
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World IP Day is an opportunity to celebrate Indian women
“Women and IP: Accelerating innovation and creativity” is the theme of this year’s World Intellectual Property Day, which is being held on April 26. It is a timely reminder of the importance of promoting diversity in IP and among entrepreneurs and business leaders. As the World Intellectual Property Organization (WIPO) states, women everywhere are driving…
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Arbitration regimes applicable to small and medium businesses in India
Although the Indian Supreme Court has tackled some of the conflicts around the validity of arbitration clauses for micro, small and medium-sized enterprises, clarity is still required on how such clauses should apply
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Aarna Law – Contributing to Model Clauses for Contracting in Asia
The Asian Business Law Institute recently released Model Clauses for Contracting in Asia under its Contract Laws in Asia project. Aarna Law is delighted to have contributed to the Model Clauses, offering expertise from the perspective of Indian law and practice.
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CTI Future Corporation v. Ducgiang Chemical & Detergent Powder Joint Stock Company
The Hon’ble Karnataka High Court pronounced a judgement which allowed parties foreign to Indian jurisdiction to enforce international commercial arbitration awards passed in countries that are a signatory to the NY Convention and that are reciprocating territories with India.