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Legal Implications Of Technical Write-Off And Avoidance (PUFE) Applications In Insolvency Proceedings
The Insolvency and Bankruptcy Code, 2016 (“IBC”)1 represents a watershed in India’s corporate insolvency framework. It seeks to consolidate laws relating to insolvency and ensure time-bound resolution of distressed entities while protecting the value of assets and promoting equitable treatment of creditors. Parallel to the IBC regime, the Reserve Bank of India (“RBI”) regulates the manner in which banks and financial institutions treat non-performing assets in their books of account.
India Insolvency
ML
MZM Legal
Article
Assessing The Viability Of An Appellate Arbitral Tribunal In India
The proposal to introduce an Appellate Arbitral Tribunal (AAT) into India’s arbitration architecture, most prominently reflected in the Draft Arbitration & Conciliation (Amendment) Bill, 2024, has rekindled debate over the proper balance between party autonomy, finality, institutional quality, and judicial supervision. Proponents portray an AAT as an institutional innovation that would enhance the quality of awards, promote consistency, and reduce the burden on courts. Critics warn that an appellate layer risks destroying arbitration’s comparative advantage by permitting merits review, increasing costs and delay, and departing from the international norm of limited judicial interference.
India Litigation
ML
MZM Legal
Article
The Situs: The Ever-expanding Territorial Jurisdiction Of Internet Infringements
The Delhi High Court's recent ruling in Kohinoor Seed Fields has dramatically expanded territorial jurisdiction for online intellectual property disputes, holding that mere website accessibility is sufficient to establish jurisdiction. This decision conflicts with earlier precedents requiring purposeful targeting of customers, creating uncertainty about where IP infringement cases can be filed in India's internet era.
India IP
LS
Lakshmikumaran & Sridharan
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