Articles and Updates

The Bitcoin Bandwagon: Hiatus - Recent Union Budget 2018 Proposals'
  • Phoenix Legal - 30-04-2020

Any discussion on bitcoins irresistibly brings thoughts on the value and pricing rather than the theory and relevance of bitcoins. Purportedly, developed by Craig White1. 'Bitcoin' is being regarded as an "alternate currency" which has caught the imagination of every virtual world freak fantasizing the possibility of minting money in no time.

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COVID – 19 Impact – Government Of India Amends Foreign Direct Investment Policy To Regulate Chinese Investments Into India
  • Abhishek Saxena - 24-04-2020

When news broke about Peoples Bank of China (PBOC) acquiring over 1% shareholding in one of India's largest housing finance company, the Housing Development Financial Corporation (HDFC), it caused a storm in the entire financial media and the business community. Alarm bells went off that Indian companies will become easy targets for acquisition by Chinese investors in the wake of sharp fall in the valuation of listed Indian companies because of COVID-19 pandemic.

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Insolvency And Bankruptcy Code : Quarterly Review Of Landmark Judgments
  • Vasanth Rajasekaran and Shweta Vashist and Reshma Ravipati - 23-04-2020

In the years since introduction of the Insolvency and Bankruptcy Code, 2016 (Code), courts and tribunals have paved the way for a new insolvency and bankruptcy regime in India through effective interpretation and enforcement of the Code. Since the Code is still in its nascent stages of implementation, judicial pronouncements play a very important role in clarifying the legislative intent of provisions of the Code, and the manner in which they are to be interpreted.

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Delhi High Court Clarifies The Scope Of Anti-Arbitration Injunction Suits In India - A Reaffirmation Of "Kompetenz-Kompetenz"
  • Biswadeep Chakravarty and Sanjeev Sambasivan - 20-04-2020

In a recent decision, a single Judge of the High Court of Delhi ("High Court") had the occasion to delineate the meaning and scope of anti-arbitration injunction suits in India. While doing so, the High Court reiterated that anti-arbitration actions which sought a declaration that the underlying arbitration agreement is invalid and unenforceable, are within the scope and power of the arbitral under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act).

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The Force Majeure Exemption Not Applicable To Essential Services: Bombay High Court
  • Vasanth Rajasekaran and Reshma Ravipati - 20-04-2020

A lot of information is available on the internet today, regarding applicability of 'force majeure' clauses to the disruptions caused in business activities due to the prevailing COVID-19 crisis. In the wake of this pandemic, while it is important to understand the general legal position in this regard, it is equally important to follow and understand how courts are actually handling cases where the 'force majeure' exemption is being raised.v

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