ADJUDICATING AUTHORITY NOT EMPOWERED TO EXAMINE MERITS OF RESOLUTION PLAN OR SUPPLANT ITS OWN VIEW UNDER LIMITED JURISDICTION OF JUDICIAL REVIEW / RECONSIDERATION OF FINANCIAL ASPECTS OF RESOLUTION PLAN APPROVED BY COC CANNOT BE DONE BY ADJUDICATING AUTHORITY
The National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as the “Appellate Tribunal”), vide its judgment dated 09.07.2025 has allowed the appeals preferred against the order passed by the National Company Law Tribunal, Mumbai (hereinafter referred to as the “Adjudicating Authority”), whereby the Adjudicating Authority had dismissed the application filed by the Resolution …
Digitalization of Civil Litigation Procedures in Japan
I. Introduction The digitalization of civil litigation procedures in Japan began with the introduction of teleconferencing and video conferencing systems under the 2010 amendment of the Code of Civil Procedure. The use of teleconference had become widely adopted, enabling parties or their representatives located far from the courts to participate in preparatory proceedings to arrange …
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Real Estate Crowdfunding Regulations in Japan
Introduction Crowdfunding is a method of raising money to finance projects and businesses that enables fundraisers to collect money from a large number of people via online platforms. There exists a variety of crowdfunding platforms serving industries like technology, the arts, and social causes, as well as real estate.
SEBI UPDATE | INTERIM ORDER AGAINST JANE STREET GROUP FOR ALLEGED INDEX MANIPULATION
The Securities and Exchange Board of India (SEBI), vide an ex-parte interim order dated 3 July 2025 (Order), issued under Sections 11(1), 11(4), 11B(1), and 11D of the SEBI Act, 1992, has restrained entities of the Jane Street Group, LLC (JS Group) from participating in the Indian securities market and directed the impounding of alleged …
No excuses for substandard work
Introduction In a recent judgment delivered on the 6 June 2025, the First Hall Civil Court (the “FHCC”), in the case Raymond Azzopardi (the “Claimant”) vs Adrian Borg (the “Respondent”) presided by Madame Justice Audrey Demicoli, considered the legal obligations of contractors concerning the standard of skill and craftsmanship required under a contract of works.
Breaking Barriers: The European Accessibility Act
The European Accessibility Act (“EAA”), formally known as Directive (EU) 2019/882 (and the Maltese transposition through the “Accessibility Measures (European Accessibility Act) Regulations” – S.L. 627.03), is set to significantly transform the digital and consumer landscape across the European Union. With full implementation required by June 28, 2025, this landmark legislation aims to reduce barriers and foster universal design, ensuring …
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Shipping – Malta: The introduction of a security interest in finance lease transactions
Ganado Advocates is the author of the 2025 Marine Money International chapter on shipping in Malta (Q2, volume 41, number 2).
The Artificial Intelligence Act and insurance sector overview: Where are we so far?
The Regulation (EU) 2024/1689 (AI Act), published in July 2024, applies across all sectors, including insurance. The AI Act follows a risk-based approach and classifies AI systems into four categories according to their risk level: prohibited, high risk, limited and minimal risk. The AI Act defines a comprehensive set of governance and risk management measures that high-risk systems need …
What legal actions can the bank take if the customer defaults on a loan in the UAE?
Introduction: Defaulting on a bank loan in the UAE is regulated by the Commercial Code (federal decree-law No. (50) of 2022) and the Civil Procedure Law (federal decree-law No. (42) of 2022). Further, the Central Bank of UAE issued Loan Agreement Notice No. 3692/2012 of the personal loan agreement. This notice stipulates the terms and …
EBA’s Opinion on PSD2 and MiCA: Clarifying the Path for CASPs who provide services in relation to EMTs
On 10 June 2025, the European Banking Authority (“EBA”) published its long-awaited Opinion[1] on how the existing second Payment Services Directive (“PSD2”) interacts with the Markets in Crypto-Assets Regulation (“MiCA”), in the context of electronic money tokens (“EMTs”). The issue at hand is that EMTs, under MiCA, are defined as electronic money—meaning they also fall within …