ArticleCode Of Conduct For CoC: Caging The Commercial Wisdom?The increasingly large haircuts that creditors are taking under the Insolvency and Bankruptcy Code, 2016 (Code) has alarmed stakeholders and government alike. IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleLimitation Period Under The Insolvency And Bankruptcy Code- Concern For Creditors?The application of the provisions of the Limitation Act, 1963 ("Limitation Act") to the Insolvency and Bankruptcy Code, 2016 ("Code") has been an area of concern for creditors in India.IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleAmendments To The Indian Commercial Courts ActOn 3rd May 2018, an ordinance amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, ("Act") was promulgated. IndiaLitigation, Mediation & ArbitrationZBA
ArticleStatus Of Foreign Awards In IndiaThe recent judgment of the Delhi High Court in the case of Cairn India Ltd & Ors. v. Government of India (GOI) (decided on February 2020) is an interesting exposition on the status...IndiaLitigation, Mediation & ArbitrationZBA
ArticleHousing Advisory: Supreme Judicial Court Issues Two Decisions About When Towns Can Litigate Their Compliance With Chapter 40B´s ThresholdsOn May 27, 2008, the Massachusetts Supreme Judicial Court issued two decisions, both involving a town's desire to receive a ruling from the courts as to whether the town had met Chapter 40B's statutory threshold of 10% of overall municipal housing stock qualifying as subsidized housing. United StatesReal Estate and ConstructionMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleWhat Happens When An Owner Wants To Obtain A Modification To A Zoning Condition?On March 21, 2014 the Commonwealth Court of Pennsylvania delivered an unreported panel decision in the matter of Emery v. City of Philadelphia Zoning Board of Adjustment (2014 WL 1168813). United StatesReal Estate and ConstructionFox Rothschild LLP
ArticleClarity On Enforcement Of Bank Guarantees Delhi High Court In Larsen & Toubro Limited v. Punjab National BankBank guarantees (BG) are a crucial component of global business and trade being widely used to ensure financial commitments. A BG is effectively treated as liquid cash with guarantor banks...IndiaCorporate/Commercial LawZBA
ArticleStructured Investments Under The Indian Insolvency FrameworkAs any foreign investor will know, India has an ever changing regulatory framework as well as a currency which is not freely convertibleIndiaFinance and BankingZBA
ArticleDetermination Of Default Under IBC - Supreme Court's Confused Message In Indus BiotechThe Supreme Court's consistent position on the role of Adjudicating Authority ("AA") under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("Code") has been limited to determining a default...IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleDoes An Arbitration Agreement Need To Be Signed?The Supreme Court, in M/S Caravel Shipping Services Pvt. Ltd. v. M/S Premier Sea Foods Exim Pvt. Ltd., helpfully clarified that the only pre-requisite of a valid arbitration agreement...IndiaLitigation, Mediation & ArbitrationZBA
ArticleNational Company Law Tribunal Refusal To Admit CMRS Projects Into Insolvency – Should Lenders Be Forced To Settle?The world economy has been confronted by unprecedented challenges due to Covid-19. RBI and Central Government of India have announced a slew of measures to minimise the impact of Covid-19 on financial markets so as to provide liquidity to borrowers. IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleEnforcement Of Pledge On Listed Shares Under Indian Law – Can I Hit "Sell"?India has a vibrant market for financing promoters/primary owners against listed shares, either through loans or domestic bonds, being non-convertible debentures. IndiaCorporate/Commercial LawZBA
ArticleDelhi High Court Judgement On BITS ArbitrationVodafone initially invoked arbitration against GOI under the Indo-Netherlands BIPA.IndiaLitigation, Mediation & ArbitrationZBA
ArticleNo Judicial Intervention In Procedural OrdersThe recent judgement of the Delhi High Court in Union of India v. Reliance Industries & Ors, is a reminder to sceptics that Indian judicial philosophy eschews interference with the arbitral process.IndiaLitigation, Mediation & ArbitrationZBA
ArticleIndian Admiralty Act, 2017 – Judicial InterpretationThe Act is well intentioned but has many errors and omissions. IndiaTransportZBA
ArticleCoVID 19: MCA Relief Package For Indian CompaniesCoVID-19 has brought India to a standstill, with the Prime Minister of India announcing a country wide lockdown for 21 days until 14 April 2020 and potentially continuing after this. IndiaCorporate/Commercial LawZBA
ArticleOnline Gaming Platforms And FDI: The Bombay High Court Judgment Raises Concerns On The Role Of RBI And EDThe Bombay High Court's judgment in Play Games 24*7 Pvt Ltd v. Reserve Bank of India is concerning for foreign direct investment in India. IndiaGovernment, Public SectorZBA
ArticleArbitration – Seat And Venue RevisitedConfusion over basic concepts of arbitration viz, its seat and venue continue to bedevil Indian law. The latest addition to this cornucopia of conflicting judgements was rendered by the Supreme CourtIndiaLitigation, Mediation & ArbitrationZBA
ArticleScore One For Affordable Housing: Chapter 40B Trumps Vague Local Environmental ConcernsIn an interesting decision issued today, in Zoning Board of Appeals of Holliston v. Housing Appeals Committee, the Massachusetts Appeals Court held that a local zoning board of appeals cannot use vague local environmental concerns as a basis for denying a comprehensive permit under the Massachusetts affordable housing statute. United StatesEnvironmentFoley Hoag LLP
ArticleEase Of Foreign Portfolio Investor Flow Of Capital Into India Through MauritiusRecent changes in investment laws have been made by the Securities and Exchange Board of India, which regulates capital markets, in order to incentivise foreign portfolio investors to increase their investments in India.IndiaGovernment, Public SectorZBA