Corporate
Insolvency And Bankruptcy Code (Amendment) Act, 2026 – Comprehensive Analysis
Executive Summary: The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (enacted April 2026) implements a series of extensive reforms to India's corporate insolvency regime. Building on the IBC 2016 framework and prior amendments, the new Act introduces creditor-driven mechanisms (notably a Creditor-Initiated Insolvency Resolution Process, CIIRP), strengthens creditor and Committee...
Insolvency And Bankruptcy Code (Amendment) Act, 2026 – Comprehensive Analysis
Executive Summary: The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (enacted April 2026) implements a series of extensive reforms to India's corporate insolvency regime. Building on the IBC 2016 framework and prior amendments, the new Act introduces creditor-driven mechanisms (notably a Creditor-Initiated Insolvency Resolution Process, CIIRP), strengthens creditor and Committee of Creditors (CoC) powers, tightens timelines, and broadens scope (e.g. for group and cross-border insolvency)....
General Reference To Tender Document Containing Arbitration Clause Will Not Amount To Its Incorporation In Contract : Supreme Court
The Supreme Court has reiterated that a general reference in a Letter of Intent to an arbitration clause contained in a tender document cannot form a valid arbitration clause to seek an appointment of an arbitrator.A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar set aside a Bombay High Court order that had appointed an arbitrator in a construction dispute. The High Court...
Artificial Intelligence And Competition Law: Can Algorithms Collude Without Human Intent?
The rapid growth of digital markets and the use of artificial intelligence in business decision-making have fundamentally transformed how firms compete. Pricing, product recommendations, advertising and matching of buyers and sellers are increasingly driven by algorithms rather than direct human decision-making. In this background, competition law faces a novel question: can algorithms used by competing firms collude or achieve cartel-like outcomes without any express human agreement or...
'Publicity Driven Exercise': Orissa High Court Quashes Case Against Mukesh Ambani Over Supply Of 'Defective Mobile' To Lawyer In 2003
The Orissa High Court has quashed a criminal complaint and summoning order issued by a Magisterial Court against the Reliance Industries Limited (RIL) and its Chairman Mukesh Ambani over supply of a defective mobile handset to a lawyer in the year 2003.While setting aside the impending criminal prosecution, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi termed the entire exercise as...
Civil Courts Can't Decide Premature Loan Repayment Disputes, Only NCLT Has Jurisdiction: Allahabad High Court
The Allahabad High Court has held that civil courts cannot decide disputes regarding premature repayment of a loan. Only the National Company Law Tribunal (NCLT) has such jurisdiction under Section 45QA of the Reserve Bank of India Act, 1934, read with Section 430 of the Companies Act, 2013.Section 45QA of the Reserve Bank of India Act, 1934, empowers the Company Law Board, constituted...
Supreme Court Refuses To Stay Adani's Resolution Plan For Jaiprakash Associates; Urges NCLAT To Hear Vedanta's Appeal On Priority
The Supreme Court on Monday refused to interfere with the order of the National Company Law Appellate Tribunal (NCLAT) which refused to accept the plea of Vedanta Ltd to stay the implementation of Adani Enterprises' resolution plan for Jaiprakash Associates Ltd.The Court declined interference noting that the NCLAT has posted Vedanta's appeal for hearing on April 10. The Court however...
Empowering SEBI: Case For Statutory Framework To Compensate Victims Of Corporate Fraud
The Securities and Exchange Board of India (SEBI) is the market regulator focused on protecting investor interests. However, its role in settling disputes between investors and companies is still debated. While SEBI regulates and enforces rules, it does not have a solid system for providing remedies that focus on investors.Since the Securities and Exchange Board of India Act was introduced in 1992, SEBI has slowly expanded its power over intermediaries and listed companies. However, it has not...
Order 23 Rule 1 CPC Applies To S.11 Arbitration Act; Fresh Arbitration Barred After Abandoning Earlier Claim : Supreme Court
The Supreme Court has observed that a party who abandons an earlier arbitration proceeding would be barred from initiating a subsequent arbitration proceeding on the same cause of action. The Court underscored that such conduct amounts to an abuse of the judicial process and is barred on grounds of public policy. “A litigant cannot be permitted to abuse the process of Court to file a...
