ArticleIndia Introduces Guidelines On Cross Border InsolvencyCross border insolvency in India is legal terrain that is wholly unregulated. IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleRecent Developments In International Commercial Arbitration In IndiaReaders familiar with the Indian Arbitration and Conciliation Act, 1996, (Act) are aware that Indian seated arbitrations are divided into two categories viz, pure domestic arbitration and international commercial arbitration.IndiaLitigation, Mediation & ArbitrationZBA
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
ArticleUndecided Claims During Insolvency Proceedings: An Achilles Heel For The Indian Insolvency And Bankruptcy CodeThe Supreme Court in Committee of Creditors of Essar India Steel Limited v. Satish Kumar Gupta & Ors. ("Essar Steel-SC") ruled that all claims must be submitted and decided by the resolution...IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleArbitrability Of Consumer DisputesThe Consumer Protection Act, 1986 (CPA) confers exclusive jurisdiction to designated consumer courts to determine by summary procedure any dispute entailing a ‘deficiency of service' IndiaLitigation, Mediation & ArbitrationZBA
ArticleInterest Awarded By Arbitrators In Multi-Currency Claims – Compensatory Not PunitiveThe Supreme Court in Vedanta Ltd. v. Shenzhen Shandong Nuclear Power Construction Co. Ltd. has provided salutary guidance to arbitrators regarding the grant of interest in both pre-award...IndiaLitigation, Mediation & ArbitrationZBA
ArticleBombay HC Clarifies Time Charterers' Liability In Maritime DisputesCan a vessel owned by a time charterer be arrested under the Admiralty Act to satisfy a maritime claim against such time charterer? IndiaTransportZBA
ArticleDevelopers Who Elect Not To Pay Comprehensive Permit Fees In Full Proceed At Their PerilThe Massachusetts Appeals Court issued an opinion that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B...United StatesReal Estate and ConstructionMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleOW Bankruptcy Saga Reaches Indian Shores: Physical Suppliers Arrest Vessels In India To Realize Unpaid SuppliesOW bunker's bankruptcy has excited much comment internationally and led to a spate of litigation by physical suppliers for recovery of their dues.IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleJudicial Interference In Domestic Arbitral Awards Restricted By The Delhi High CourtNordic Intertrade As (Norway) v. Steel Authority of India Limited , entailed a judicial challenge to a domestic arbitral award involving liability for payment of export duty in an FOB Contract.IndiaLitigation, Mediation & ArbitrationZBA
ArticlePennsylvania Supreme Court Decides On The Standard For Granting A Use VarianceVery few zoning cases go before the Pennsylvania Supreme Court since it only accepts a limited number of appeals that it believes are important to review.United StatesReal Estate and ConstructionFox Rothschild LLP
ArticleInter-Se Priorities Between Creditors Not Respected In Liquidation Waterfall - A Misplaced Presumption?The NCLAT in Technology Development Board v. Mr. Anil Goel ("Technology Development Board") has dealt with a complex issue of applicability of inter-se priorities between secured creditors...IndiaFinance and BankingZBA
ArticleHousing Advisory: Decision Clarifies That Chapter 40B Projects Can Be Built On The Underutilized Portion Of A Previously Developed SiteIn the past several years, state housing agencies and regional and municipal planners have been encouraging “smarter growth” in Massachusetts, including the construction of new housing in developed areas close to existing infrastructure and services. United StatesReal Estate and ConstructionMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleForce Majeure And InsolvencyIndia witnessed a severe and unanticipated second wave of COVID-19 in April-June 2021. IndiaCoronavirus (COVID-19)ZBA
ArticleChanges For Listed Debt Securities Easier Participation Into Debt Resolutions Of Indian Corporates And Other AmendmentsWhos is the author?IndiaFinance and BankingZBA
ArticleIs It Time For Indian Cross Border Securitisation To Takes Its Stage In The World?Transactions involving foreign exchange by a resident in India have been broadly classified as either capital account transactions or current account transactions. IndiaFinance and BankingZBA
ArticleCertainty On Filing And Claims Against Corporate Guarantors Under The Insolvency CodeIn Indian finance market, guarantee or comfort from promoters is a crucial factor for creditors in lending transactions - primarily because promoters of Indian companies have significant say in all decision making and ...IndiaInsolvency/Bankruptcy/Re-StructuringZBA
ArticleForeign Awards Cannot Be Annulled By Indian CourtsThe Delhi High Court in a recent judgement in the case of Dredging Corporation of India v. Mercator Limited (decided on 10 October 2018) firmly IndiaLitigation, Mediation & ArbitrationZBA
ArticleHousing Alert: SJC Holds That Easement Over Municipal Land Is Not Authorized Under Chapter 40BIn the March 31, 2008 decision of the Massachusetts Supreme Judicial Court entitled Zoning Board of Appeals of Groton v. Housing Appeals Committee, 451 Mass. 35 (2008), the state’s highest court held that Massachusetts’ affordable housing statute, Chapter 40B, does not authorize the state Housing Appeals Committee, or local zoning boards of appeals, to order a city or town to convey an easement of municipally owned land to a subsidized housing developer.United StatesReal Estate and ConstructionMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.