SCOPE AND STANDARD OF JUDICIAL REVIEW UNDER SECTION 11 – EFFECT OF THE SUPREME COURT’S DECISION IN SBI GENERAL INSURANCE V KRISH SPINNING
What is the scope of inquiry by a court requested to appoint an arbitrator under section 11 of the Arbitration and Conciliation Act 1996 (‘the Act’)?
This is a question that has vexed the Indian Supreme Court right from the start. The answer was always supposed to be simple – all that the court tasked with appointing the arbitral tribunal must see is whether there is an arbitration agreement. All other questions, including questions about the admissibility of claims and the validity of the arbitration clause itself, should be left to the arbitral tribunal to decide.
PPP 3.0: NEED FOR UNLOCKING THE POTENTIAL OF PPPS IN INDIA
In this paper, we have analysed the present status of PPP projects in India and the need to further promote the PPP framework for projects, more so when the government is focussing on the private investment and capital to improve the infrastructure of the country. The quick rise in the development of infrastructure requires both capital and manpower. The private sector is a crucial player which can help in unlocking the limitations that the government faces especially for capital intensive projects. Further, the paper also aims to explore the significance of PPP policy frameworks and the institutional characteristics of relevant organizations within India.
RESTRUCTURING THROUGH FAST TRACK MERGERS – PRACTICAL CONSIDERATIONS
The process of a typical merger as envisaged under the erstwhile Companies Act, 1956 and the extant Companies Act, 2013 contemplates a court approval process with 2 (two) sets of applications i.e., (a) first motion application; and (b) second motion petition, to be filed with the National Company Law Tribunal (NCLT). However, owing to the cumbersome and time-consuming process involved in a typical merger, it was necessary to have a simpler and a faster process for certain categories of mergers by doing away with the requirement of court/tribunal approvals. Accordingly, with the advent of the Companies Act, 2013, the idea of fast-track mergers was conceptualized, for certain specified mergers, which provides for a process that is free from the ambit of court/tribunal approvals and requires only the approval of the jurisdictional Regional Directors. This Article deals with the legislative framework surrounding the fast-track mergers and the practical issues that arise while undertaking such merger schemes. As fast-track mergers also have their own set of challenges, it is important to evaluate such issues prior to undertaking such mergers and achieve the desired objectives.
REVERSE FLIPS IN INDIA – LEGAL ANALYSIS
This article examines the emerging trend of ‘Reverse Flipping’ in India, where Indian companies are repatriating their corporate structures from foreign jurisdictions back to India. The study analyses the legal framework and recent regulatory changes that have facilitated this trend, focusing on two primary mechanisms: share swap transactions and inbound mergers.
NAVIGATING RIGHTS IN JOINT VENTURE AGREEMENTS: THE IMPACT OF INSOLVENCY ON STAKEHOLDER PROTECTIONS
“An agreement is only as good as the paper it’s written on, until it’s tested by adversity.”
— Samuel Goldwyn
Joint ventures (incorporated, unincorporated and strategic alliances) have been the preferred business arrangement for most technologically driven infrastructure sub-sectors like electric vehicles, charging infrastructure, hydrogen, manufacturing of solar modules and wind turbine generators and some other technologically critical sectors. The utility and the symbiotic nature of joint venture arrangements has also been observed as valuable for industrial sectors which contain several technical aspects, such as oil and gas, chemicals, electronics, and atomic industries.
EXTERNAL FUND RAISE- AN INVESTEE’S PERSPECTIVE
While all entrepreneurs would love to bootstrap their businesses as long as they could, obtaining external funding could become imperative for numerous reasons. This article discusses some issues that promoters must consider when opting for external funding.
SECURITISATION OF NON-FINANCIAL ASSETS – RELUCTANCE FROM FINANCIAL INSTITUTIONS
What is securitisation?
Securitisation is the process of pooling various types of income generating assets and issuing securities to third parties on the strength of such income generating assets. The securities issued in securitisation transactions are generally referred to as the pass-through certificates (PTCs), securitisation notes or securitised debt instruments.