Navigating the Group of Compnies Doctrine in India
Authors: Raunaq B. Mathur, Ishita Mathur, Keshav Somani
The group of companies (“GoC”) doctrine is often relied on to bind a non-signatory entity to an arbitration agreement signed by an affiliate within its group. It has been affirmatively declared as part of Indian arbitration jurisprudence by the recent decision of a Constitution Bench of the Supreme Court of India in Cox and Kings v. SAP India (P) Ltd.
Cox & Kings distinguishes the GoC doctrine from others by which legal personalities of group entities (which would otherwise be considered sacrosanct and amenable to dilution only in exceptional scenarios (such as fraud)) may be disregarded (such as in the alter ego principle). In its practical application, however, the doctrine could blur the separate legal personality afforded to companies under Indian law, by allowing group entities who did not sign an arbitration agreement to be reached through the GoC doctrine and consequently be amenable to the arbitral process and award.
Voluntary Delisting of Debt Securities
Authors: Shivanand Nayak and Janhavi Patankar
The Securities and Exchange Board of India (‘SEBI’), by way of a notification dated August 23, 2023, introduced a new chapter VIA (‘Chapter’) to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘LODR Regulations’), which sets out a dedicated framework for voluntary delisting of inter-alia listed non-convertible debt securities (‘NCDs’) 3 from all or any of the stock exchanges where they are listed.
Evaluating the WTO Dispute Settlement Mechanism in the Light of Anti-Dumping Measures: Developed V. Developing
Authors: Aagya Rai and Palak Rastogi
Antidumping measures and their consequences in developing nations should be analyzed within the context of international trade and its current structure and contemporary operations. While some researchers endorse the use of antidumping measures and argue that they have a minimal impact on trade distortions, it is well-established that these measures affect trade on a product-level basis. Recent studies have also demonstrated that antidumping measures can negatively affect aggregate trade, albeit with varying impacts across different sectors. For instance, countries like India and Mexico have observed a dampening effect on their trade due to antidumping measures, which counteracts the trade volume increases resulting from liberalization. Amid the ongoing global economic crisis, many scholars suggest that protectionism is on the rise, leading to an increase in trade protectionist measures such as antidumping.