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  • Article

    Code 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-Structuring
    ZBA
    ZBA
  • Article

    Limitation 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-Structuring
    ZBA
    ZBA
  • Article

    Amendments To The Indian Commercial Courts Act

    On 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 & Arbitration
    ZBA
    ZBA
  • Article

    Status Of Foreign Awards In India

    The 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 & Arbitration
    ZBA
    ZBA
  • Article

    Housing Advisory: Supreme Judicial Court Issues Two Decisions About When Towns Can Litigate Their Compliance With Chapter 40B´s Thresholds

    On 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 Construction
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    What 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 Construction
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Clarity On Enforcement Of Bank Guarantees Delhi High Court In Larsen & Toubro Limited v. Punjab National Bank

    Bank 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 Law
    ZBA
    ZBA
  • Article

    Structured Investments Under The Indian Insolvency Framework

    As any foreign investor will know, India has an ever changing regulatory framework as well as a currency which is not freely convertible
    IndiaFinance and Banking
    ZBA
    ZBA
  • Article

    Determination Of Default Under IBC - Supreme Court's Confused Message In Indus Biotech

    The 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-Structuring
    ZBA
    ZBA
  • Article

    Does 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 & Arbitration
    ZBA
    ZBA
  • Article

    National 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-Structuring
    ZBA
    ZBA
  • Article

    Enforcement 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 Law
    ZBA
    ZBA
  • Article

    Delhi High Court Judgement On BITS Arbitration

    Vodafone initially invoked arbitration against GOI under the Indo-Netherlands BIPA.
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    No Judicial Intervention In Procedural Orders

    The 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 & Arbitration
    ZBA
    ZBA
  • Article

    Indian Admiralty Act, 2017 – Judicial Interpretation

    The Act is well intentioned but has many errors and omissions.
    IndiaTransport
    ZBA
    ZBA
  • Article

    CoVID 19: MCA Relief Package For Indian Companies

    CoVID-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 Law
    ZBA
    ZBA
  • Article

    Online Gaming Platforms And FDI: The Bombay High Court Judgment Raises Concerns On The Role Of RBI And ED

    The 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 Sector
    ZBA
    ZBA
  • Article

    Arbitration – Seat And Venue Revisited

    Confusion 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 Court
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Score One For Affordable Housing: Chapter 40B Trumps Vague Local Environmental Concerns

    In 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 StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Ease Of Foreign Portfolio Investor Flow Of Capital Into India Through Mauritius

    Recent 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 Sector
    ZBA
    ZBA

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