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Public Policy Arbitral Award

Has The ‘Unruly Horse of Public Policy’ Digressed from Its Path?

/ Arbitration, Featured Posts, Uncategorised / By

In this article, Achintaya Soni, a third-year law student at University Institute of Legal Studies, Panjab University, has discussed the implications of the recent Supreme Court judgement in NAFED v. Alimenta on enforcement of foreign arbitral awards. The author argues that the interpretation of ‘public policy’by the judiciary is unpredictable and emphasizes the need to narrowly and uniformly interpret the term under the 1996 Arbitration Act.

THE RELIANCE-FUTURE DEAL AND THE FUTURE OF RETAIL – KEY CONCERNS FOR COMPETITION LAW

/ Antitrust Law, Blog, Competition Law, Editorial Board Post, Featured Posts, Uncategorised / By

In this post, the author analyses the recently concluded Reliance-Future Group Deal from a Competition Law perspective. In doing so, she looks at the applicability of the failing firm defence to the present deal and thereafter moves on to highlighting the future anti-competitive effects of the acquisition.

Reflection of Debt in a Balance Sheet

Reflection of Debt in a Balance Sheet: Acknowledgment or a Statutory Compliance?

/ Company Law, Blog, Featured Posts, insolvency and bankruptcy, Limitation, Uncategorised / By

In this post, the author critically examines the decision of the Hon’ble NCLAT in V. Padmakumar v. Stressed Assets Stabilisation Fund & Anr. The author differs from the majority’s widely debated view holding that the reflection of debt in the balance sheet of the Corporate Debtor does not amount to an acknowledgment under Section 18 of the Limitation Act, 1963, and argues that sole reliance on Section 92 of the Companies Act, 2013 is misplaced and the implication of the balance sheet along with the Directors’ Report and financial statement must be considered holistically.