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Negotiating Break Fees: The Conundrum Surrounding Regulation in India

/ Blog, Featured Posts, Mergers and acquisitions /

This piece delves into the intricacies of break-fee clauses in M&A transactions, sparked by the failed Sony-Zee merger. The author, Kaif Anwar, elucidates the concept, global regulations, and impact of break fees, citing examples like Microsoft-LinkedIn and AT&T-T-Mobile. While Australia, the UK, and the US have varying regulations, India lacks explicit legislation, relying on contract law for private transactions and regulatory bodies like RBI and SEBI for public ones. The article advocates for clearer guidelines from authorities like the Ministry of Corporate Affairs and RBI to enhance transparency and ease of doing business in India. It emphasizes the need for a nuanced approach, suggesting a minimum percentage of the total deal value as the quantum of break fee permissible. Ultimately, it calls for regulatory clarity to navigate the complex terrain of break-fee clauses in M&A transactions effectively.

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Pride and Prejudice- Reputation in light of Right to be Forgotten in India

/ Blog, Constitution, Constitutional Law, Featured Posts /

In this post, the author seeks to examine the social outcomes of the lack of proper observance of the Right to be Forgotten. The author also provides a socio-legal analysis through various real-life cases and attempts to provide a solution to the conundrum.

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Telecom Transcendence: Navigating Net Neutrality in the Wake of India’s Telecommunications Act of 2023

/ Telecom, Blog, Featured Posts /

In this article, Shiekhar Panwar, an Independent Transactions Lawyer
discusses recent regulatory changes in India’s telecommunications sector, focusing on combating unsolicited communications and promoting Net Neutrality. It outlines the roles of regulatory bodies like the DoT and TRAI, emphasizing the need for transparent and non-discriminatory traffic management practices. The piece underscores the importance of fair access to internet content, advocating for explicit rules against blocking or prioritizing certain traffic and proposing a monitoring committee to oversee Net Neutrality violations.

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From Social Contracts to Smart Contracts: Navigating Decentralization, Blockchain, and Kleros Arbitration

/ Featured Posts, Alternate Dispute Resolution, Arbitration, Blockchain, Blog, Uncategorised /

In this post, the author addresses how Blockchain operates independently of the internet, necessitating the use of an oracle as a connection point. This oracle serves as a conduit between the blockchain and the real world, conveying information about real-world events. They further discuss how as Blockchain technology underwent a separation from currency and its potential applications were being explored in various financial and interorganizational transactions, Blockchain 2.0 emerged to facilitate transactions beyond currency

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A JURISPRUDENTIAL ANALYSIS OF THE PLEA FOR MARRIAGE EQUALITY

/ Blog, Constitutional Law, Featured Posts, Supreme Court /

Introduction Against the backdrop of the LGBTQ movement, two same-sex couples filed a writ petition (hereinafter ‘Supriyo’) at the Supreme Court seeking legal recognition for same-sex marriages in India, also questioning primarily various provisions of the Special Marriage Act, 1954 (hereinafter ‘SMA’) and the Juvenile Justice Act challenging traditional norms and paving the way for

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Unravelling Venezuela’s Actions and Essequibo Referendum: A Socio-Legal Analysis, Unlawful Threat of Force

/ International Law, Blog, Featured Posts /

In this post, the author delves into the complex territorial dispute between Venezuela and Guyana over the Essequibo region, rich in oil resources.
Despite international rulings and ongoing diplomatic efforts, Venezuela’s recent referendum and subsequent actions demonstrate a clear violation of the prohibition against the threat of force, as outlined in Article 2(4) of the UN Charter. The article underscores the importance of upholding international legal norms to prevent regional destabilization and emphasizes the necessity for peaceful dispute resolution mechanisms.

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A Stamp of Approval: Supreme Court Resolves Issues Concerning Validity of Unstamped Arbitration Agreements

/ Arbitration, Blog, Constitutional Law, Featured Posts, Uncategorised /

In this post, the author presents a comprehensive overview of the Supreme Court’s judgment in Re: Interplay between Arbitration Agreements under the Arbitration And Conciliation Act, 1996 and the Indian Stamp Act, 1899.

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Decoding Key Provisions of the Mediation Act 2023

/ Mediation, Alternate Dispute Resolution, Blog, Featured Posts /

India is the world’s largest democracy, with a population of over 140 crore. It is only natural to assume that the dispute resolution mechanism of the country would be speedy and cost effective. Yet, an overwhelming majority somehow still is stuck in litigation and court shackles.
This post talks about an alternative to the struggles of many, Mediation and Conciliation. The author starts off by establishing the contextual foundation of the Mediation Act 2023, with respect to cases pronounced by domestic courts and guidelines set by other international forums.
Then a deep look is taken into the key provisions of the Mediation Act to understand major problems that the act aims to cater and resolve along with its potential to engage the dispute resolution in India.

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Secured Creditor v. Government Dues: Unravelling the Judicial Stance in India

/ insolvency and bankruptcy, Blog, Featured Posts /

In this post, the author discusses the judicial stance in India regarding the priority of secured creditors’ claims versus government dues in the context of insolvency and bankruptcy cases. In doing so, the author also aims to highlight the importance of the IBC in resolving corporate insolvency issues and ensuring a fair and transparent distribution of assets among stakeholders.

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