Emergency arbitration — the mechanism by which parties may obtain interim relief from an expedited tribunal constituted before the formation of the main arbitral panel — has become a fixture of modern international commercial arbitration. Most leading institutional rules, including
In arbitration practice, few distinctions carry greater practical consequence yet remain more persistently misunderstood than the difference between the ‘seat’ and the ‘venue’ of arbitration. The two concepts are not synonymous: the seat determines the juridical home of the arbitration
The curative petition represents the final, extraordinary refuge within India’s constitutional judicial framework — a remedy available after all appellate avenues, including a review petition, have been exhausted. Grounded in the Supreme Court’s inherent powers under Article 142 of the
The question of whether an arbitration agreement can bind entities that are not formal signatories to it has long been one of the most contested issues in arbitration jurisprudence. The ‘Group of Companies’ doctrine which permits the extension of an
The liquidation waterfall under the Insolvency and Bankruptcy Code, 2016 (IBC) is one of its most deliberately engineered and commercially consequential provisions. Section 53 of the Code prescribes a strict order of priority for the distribution of liquidation proceeds, a
The application of the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) to real estate developers has generated one of the most contested and consequential jurisprudential debates in Indian insolvency law: should CIRP be applied
Among the most consequential powers vested in an insolvency professional (IP) under the Insolvency and Bankruptcy Code, 2016 (IBC) is the authority to examine, challenge, and seek reversal of transactions entered by the corporate debtor in the period preceding the
The introduction of the Deal Value Threshold (DVT) under the Competition (Amendment) Act, 2023 has fundamentally redrawn the jurisdictional map for merger control in India. By inserting Section 5(d) into the Competition Act, 2002, Parliament created an entirely new triggering
Minority shareholders occupy a unique position in corporate governance. While lacking voting power to control corporate decisions, they hold legal rights that protect their interests against potential majority oppression. For general counsels, CEOs, and MDs, understanding these rights is essential
Foreign exchange transactions represent critical business operations for Indian companies engaged in international trade, investment, and finance. These transactions are governed by the Foreign Exchange Management Act (FEMA), 1999 through a complex regulatory framework that general counsels must navigate with