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Dawn of the regulatory regime for Over-The-Top services

By Prashant Phillips
 
Introduction

The Telecom Regulatory Authority of India (TRAI) had recently released a consultation paper on regulatory framework for Over-the-Top (OTT) Communication Services. The ever-increasing accessibility of Internet has been fuelled by a more advanced infrastructure and lower tarif...

Adding teeth to the corruption law in India

By Akshita Alok

In February 2018, the Corruption Perception Index 2017 rankings were revealed, which ranked India at #81 amongst a group of hundred and eighty countries. This ranking in the year 2016 was at #79 for India, albeit the scores in both the years were roughly the same. India was also identified as one of the “worst offenders” in th...

Virtual Currency: State of pandemonium continues


By Neeraj Dubey
 
In 2017, the Reserve Bank of India (“RBI”), India’s central bank, published a “Working Group Report on FinTech and Digital Banking” that discussed the need to have a monitoring framework for new technologies, including blockchain technology. The Institute for Development and Research in Banking ...

Supreme Court ruling in ArcelorMittal case – An analysis


By Mitali Daryani

The Supreme Court on 4-10-2018 allowed yet another opportunity to mining major ArcelorMittal and Russia’s VTB Capital-backed NuMetal to bid for Essar Steel provided they clear their Non-Performing Asset (NPA) dues in two weeks. The bench comprising Justice R. F. Nariman and Justice Indu...

Data Principal and Data Fiduciary in the Personal Data Protection Bill, 2018

 
By Ahalya Chalasani,
 

The Chilean Constitution was amended on 16th June, 2018 to establish that protection of personal data is a constitutional right. Prior to this, other Latin American countries like Colombia, Mexico and Ecuador have already included the right to protection of personal data i...

Cross Border Insolvency – An analysis of the draft chapter


By Roshni Menon

Introduction
In the last few years, India’s banking sector has been fraught with an alarming number of non-performing assets. To this end, the Insolvency and Bankruptcy Code of 2016 (Code) strives to resolve the problem...

Section 29A of IBC: Impact and Recent Developments


By Surbhi Jaju

The Insolvency and Bankruptcy Code 2016 (‘Code’) aims for resolution of insolvency as opposed to liquidation. The law was framed with the intention to expedite and simplify the process of insolvency and bankruptcy proceedings in India ensuring fair negotiations between opposite parties and encouraging revival of the com...

Pendency of objections to an arbitral award amounts to a dispute for the purposes of section 9 of IBC


By Ankit Parhar

Recently, in K. Kishan v. Vijay Nirman Company Pvt. Ltd. [See endnote. 1] the Supreme Court had an occasion to decide whether the provisions of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) can be invoked in respect of an Operational Debt where an Arbitral Award has...

A comparative analysis of legal remedies available to home-buyers in India


By Anurag Pareek, Samad Ali, and Meghmala Mukherjee

Prior to the enactment of the Real Estate (Regulation and Development) Act, 2016 (“RERA”), aggrieved home-buyers had the options of approaching the consumer courts [see End Note 1] or the civil courts to address their grievances. However, with the enactment...

India’s proposal to recognise cross border insolvency


By Mr. Anush Raajan V.

The Ministry of Corporate Affairs, Government of India has invited suggestions on a draft chapter on Cross Border Insolvency (Proposed Amendment) proposed to be included within the framework of Insolvency & Bankruptcy Code, 2016 (IBC) by a public notice dated 20-6-2018 (Notice).

The Proposed Amendment is ...

Acceptance of Kotak Committee recommendations by SEBI: Additional “To Do” for listed entities


By Aman Parnami and Swathi Sreenath
 
Preamble

On June 02, 2017 Securities and Exchange Board of India (“SEBI”) constituted a committee (“Committee”) under the chairmanship of Shri Uday Kotak, with the aim of improving standards of corporate governance of listed companies in Ind...

Understanding ‘Substituted Performance’ under the Specific Relief (Amendment) Bill, 2018


By Akshita Alok and Nikhil Singal

India ranks at #164 in the world rankings for ‘enforcing contracts’ given by the World Bank, and at #100 in the same rankings for “ease of doing business”. Certainly, this is a cause of concern and it is only natural for the Government to take steps towards improving the state of affairs p...

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