Articles and Updates

• Phoenix Legal - 07-08-2017

The interaction of domestic tax systems of different countries and the bilateral tax treaties amongst them, sometimes have led to unintended overlaps and gaps. Overlap happens when income is sought to be taxed by more than one jurisdiction resulting in double taxation, while gaps are manifested when income ends up not being taxed by any jurisdiction resulting in double non-taxation.

• Phoenix Legal - 10-07-2017

Recent judgments passed by different benches of the National Company Law Tribunal (NCLT) across the country have given rise to fresh controversies surrounding the interpretation of the provisions of the Insolvency and Bankruptcy Code, 2016 (Code). Such controversies essentially revolve around the interpretation of the term "dispute" as defined under Section 5(6) of the Code. Decisions given by the Principal Bench (Delhi) and Mumbai Bench of the NCLT on claim applications filed by operational creditors under Section 9 of the Code are completely in contrast with each other and provide starkly opposite interpretations of the term "dispute."

• Manjula Chawla and Ritika Ganju - 07-07-2017

India has emerged as one of the most attrac­tive destinations for foreign investment from around the globe. The United Nations Conference on Trade and Development's World Investment Report 2017 ranks India within the top ten countries around the world for attracting foreign direct investment (''FDI'') inflows and fourth amongst the Asian countries.

• Phoenix Legal - 09-06-2017

One of the most significant legal changes made by the Indian legislature in recent years has been the introduction of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act). The Amendment Act seeks to resolve issues that have traditionally afflicted the alternative dispute resolution framework in India, for example, protracted disputes , excessive judicial intervention, dearth of qualified and impartial arbitrators, and so on.

• Phoenix Legal - 08-06-2017

Recent judgements passed by different benches of the National Company Law Tribunal(NCLT) across the country have given rise to fresh controversies surrounding the interpretation of the provisions of the Insolvency and Bankruptcy Code, 2016 (Code). Such controversies revolve around the interpretation of the term "dispute" as defined under section5(6) of the code. Decisions given by the principle bench (Delhi) and Mumbai bench of the NCLT on claim applications filed by operational creditors under section 9 of the code are completely in contrast with each other and provide starkly opposite interpretations of the term "dispute".