Uncovering Virtual Digital Assets: Tracing Cryptoassets under Insolvency Proceedings
Abstract Cryptocurrencies and digital assets are now embedded within the corporate balance sheets, investment portfolios, and individual wealth. Their pseudonymous decentralized, and borderless characteristics pose unique difficulties for insolvency practitioners tasked with asset tracing and recovery.
REVISITING SECURED CREDITORS’ ENFORCEMENT RIGHTS UNDER THE IBC: ANALYSING THE SUPREME COURT’S DECISION IN THE NSEL CASE
I. Introduction The objective behind introducing the Insolvency and Bankruptcy Code, 2016 (“IBC”) was to maximising value and protecting the rights of creditors. It aims to balance the interests of all stakeholders while enabling distressed firms to either restructure or exit efficiently. However, a recurring issue which lurks behind is the legal standing of secured …
CONSTITUTIONALISING ARBITRAL FAIRNESS: CORE II AND THE EXCLUSION OF UNCONSCIONABILITY
I. Introduction The question of whether a party to an arbitration agreement may unilaterally appoint an arbitrator has long been contested in Indian jurisprudence. The issue, though seemingly technical, strikes at the heart of arbitral fairness and the principle of party equality. Indian courts, over the last two decades, have oscillated between allowing limited …
DECARBONISING DISPUTES: RETHINKING INTERNATIONAL ARBITRATION MECHANISMS FOR A FRAGMENTED CARBON CREDIT MARKET
I. Introduction Over the past few years, carbon credits have become a thriving global trade system valued in billions. In particular, the voluntary market (“VCM”), has attracted growing interest from private actors looking to offset emissions, and from project developers in the Global South seeking finance for sustainable initiatives. Simultaneously, an increasing number of disputes …
JUDICIAL EFFICIENCY AND THE FUTURE OF PRIVILEGE: INTRODUCING REFEREES INTO INDIAN LAW
I. Introduction The Indian judiciary operated under a great burden, with over five crore pending cases and a poor judge-to-population ratio of just 21 judges per million. The Law Commission of India had recommended a ratio of 50 judges per million more than thirty years ago, yet this is less than half of that.[1] This …
INGREDIENTS OF STATUTORY NOTICE UNDER SECTION 138 EXPLAINED: THE LEGAL SIGNIFICANCE OF CHEQUE AMOUNTS & IMPACT OF ERRORS IN THE NOTICE.
INTRODUCTION The dishonour of cheques has long posed significant challenges in commercial transactions, raising questions of both civil and criminal liability. One recurring issue under Section 138 concerns the statutory demand notice required under proviso (b) of the Negotiable Instruments Act, 1881 (“the Act”). The law mandates that upon dishonour of a cheque, the payee …
Accelerating India’s Electric Vehicle Transition: Regulatory Insights and Strategic Partnerships for Manufacturing and Infrastructure
Executive Summary India’s Electric Vehicle (“EV”) transition is long on ambition but short on structural readiness. Despite billions in subsidies, a growing roster of Original Equipment Manufacturers (“OEMs”), and an expanding charging network, core challenges remain unresolved: deep import dependence, weak localisation, uneven infrastructure and limitPPpped adoption beyond urban elites.
FOREIGN MANUFACTURES CERTIFICATION SCHEME
INTRODUCTION In a global marketplace where product safety, consumer rights and regulatory compliance are paramount, foreign manufacturers seeking access to the Indian market must contend with robust standards. The Foreign Manufacturers Certification Scheme (“FMCS”) of the Bureau of Indian Standards is one such standard that determines whether manufactured goods made in foreign jurisdictions may bear …
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RBI’S FREE-AI FRAMEWORK: NAVIGATING THE LEGAL AND REGULATORY LANDSCAPE
Overview On August 13, 2025, the Reserve Bank of India (“RBI”) released the much-anticipated committee report on Framework for Responsible and Ethical Enablement of Artificial Intelligence (“FREE-AI”) in the financial sector. This comprehensive framework, developed by a committee chaired by Dr. Pushpak Bhattacharyya of IIT Bombay, marks a significant milestone in India’s approach to AI …
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COMING BACK HOME Reverse Flips Gain Momentum
Authored by – Moksha Bhat, Managing Partner at AP & Partners, And co-authored by – Udit Kapoor, Associate, AP & Partner Introduction Over the past decade, India has become a major start-up hub and now has the third largest number of unicorns—companies valued over USD 1 billion. This growth has been spurred in large measure …
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