Law Firm Articles
International Investment Arbitration From Indian Perspective
The world is suffering due to COVID-19 (coronavirus disease 2019) and enforcing a global economic lockdown has been the only effective measure to restrain the growth of COVID-19. At the same time companies and investors are looking to shift their manufacturing units from the epicentre of the COVID-19 pandemic to other countries with potential. Indeed, India is one of the countries which will likely attract many foreign investors to shift their units to India. In fact, around 300 business...
Public Interest Litigation- An Instrument Of Social Transformation Or A Tool Of Vested Interests And Its Significance During COVID
"The rule of law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. The poor too have civil and political rights and the rule of law is meant for them also, though today it exists only on paper and not in reality"Hon'ble Supreme Court of India[i]. The onset of...
The Insolvency And Bankruptcy Code (Amendment) Ordinance, 2020 And Remedies Available To Creditors
The speculations over altering the operation of Insolvency and Bankruptcy Code, 2016 ("IBC") have been doing rounds since the outbreak of COVID-19. The Finance Minister, clearing the air over the speculation, on 24.03.2020 announced several relief measures relating to statutory and regulatory compliance across various sectors including increasing the threshold of 'minimum default amount' under the Insolvency and Bankruptcy Code, 2016 to INR 1 Crores from INR 1 Lacs. Putting an end to...
COVID-19: Suspension Of Insolvency Proceedings In India
In the light of the economic upheaval on account of the Covid-19 pandemic and the resultant restrictions on economic activity, the Indian Government had proposed suspension of the right to initiate insolvency resolution proceedings under the Insolvency and Bankruptcy Code, 2016 (the "Insolvency Code") for a period of six (6) months. In pursuance, the Indian Government has now introduced the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 (the "Insolvency Ordinance"), which...
The IBC Pandemic: Suspension Of IBC And Other Changes
Natural calamities - Australian bushfires, cyclone Amphan, locusts, proximity asteroids, earthquakes in New Delhi; civil rights protests – Shaheen Bagh in India resisting the Citizenship Amendment Act, 2019 the black rights movement protesting racist police brutality in the United States; and last but not the least, the global pandemic – the novel coronavirus, (" COVID-19") that has gripped the world. Safe to say that 2020 has gotten off to a rocky start. COVID-19, in particular,...
Proposed Labour Law Changes: Foundation For Global Manufacturing Hub
Labour laws in India have often been accused of being onerous. The concomitant permit or license Raj, which mandates the companies to obtain licenses and permits for every step, often leads to delays, enhances the compliance burden and also leaves new businesses at the mercy of a regulatory maze. In a bid to simplify the labour laws, in July 2019, the Government had proposed to consolidate about 44 Labour Laws under 4 codes. Relating to Social Security, Wages, Industrial Relations and...
Arbitration During And Post Covid-19: A Perspective
In a short period of a few months, the coronavirus pandemic has spread through the globe, completely disrupting life as we know it. It is a disaster very few people had foreseen, and even fewer had prepared for. The freedom of movement and gathering has been greatly curtailed, and the same has had a very real effect on the functioning of the legal system and the arbitration mechanism in our country. Faced with complete lockdowns and social distancing, the legal system has rapidly adapted...
Courts & Contracts – Equity & Enforcement In The Current Situation
Over the past few weeks, the Indian Contract Act, 1872 (hereinafter referred to as the "Act") has been discussed exhaustively and many have attempted to clarify the legal intricacies surrounding the impact of COVID-19 on 'performance of contracts'. Non-performance of a contract due to a force majeure event is governed by the provisions of Section 32 and Section 56 of the Act. We discuss how the courts are interpreting these statutes during the ongoing pandemic including the hardships faced...
Can Supreme Court Of India Fix The Period Of Limitation For Filing Of Appeal Under The Arbitration And Conciliation Act, 1996
In a recent judgment passed by the Hon'ble Supreme Court in the matter of N.V. International Vs. State of Assam[1]; the Hon'ble Court while refusing to condone the delay of 189 days, beyond the permissible 90 days, held as under: "4. We may only add that what we have done in the aforesaid judgment is to add to the period of 90 days, which is provided by statute for filing of appeal under Section 37 of the Arbitration Act, a grace period of 30 days under Section...
The COVID-19 Pandemic: Learnings From A Climate Action Perspective
The world needs to demonstrate the same unity and commitment to climate action and cutting greenhouse gas emissions as to containing the Coronavirus pandemic. Failure in climate change mitigation could lead to greater human life and economic losses during the coming decades. ~ Petteri Taalas, Secretary General, World Meteorological Organisation In the wake of COVID-19 as the world comes to a halt, we see pictures of the environment cleaning itself up – from clear blue skies in Beijing,...
COVID-19, Lockdowns And Rising Incidences Of Domestic Abuse
The Covid-19 pandemic, which had its' origins in the Hubei province of China has now spread across the globe with the World Health Organisation deeming it as a pandemic. As the numbers of infected people continue to rise at an alarming pace, governments across the globe are faced with an unprecedented situation. Guidelines issued by the World Health Organisation and researches by the American Medical Association after observing and analysing the situation across the globe have come to a...
