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SC Clarifies: Insolvency Moratorium Can’t Be Used to Evade Consumer Penalties

Leave a Comment / Insolvency Moratorium, Supreme Court /

Introduction In expanding the interpretation of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred as ‘the Code’), the Hon’ble Supreme Court, in the judgement of Saranga Anilkumar Aggarwal v. Bhavesh Dhirajlal Sheth and Ors.[1], ruled that an interim moratorium under the Code does not extend to execution proceedings for penalties imposed under the Consumer Protection […]

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Expanding Court Powers Under Section 37: Appeals Against Arbitral Awards

Arbitration award in India /

Introduction The Arbitration and Conciliation Act, 1996, (Hereinafter referred as ‘the Act’) was enacted to promote arbitration as a swift, efficient and cost-effective mechanism for dispute resolution. Sections 34 and 37 of the Act are pivotal in maintaining a balance between judicial intervention and arbitral autonomy. While Section 34 restricts the grounds for challenging an

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Challenge and Enforcement of Arbitral Awards: Public Policy and Patent Illegality

Arbitration award in India /

Arbitration in India operates within a framework shaped by both public policy and patent illegality, two distinct yet often overlapping grounds for challenging arbitral awards. While both concepts aim to uphold justice, they function differently, each offering unique grounds for judicial intervention. The tension between promoting arbitration finality and allowing judicial intervention has been a

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Challenge and Enforcement of Arbitral Awards: Public Policy and Patent Illegality

Agreement /

Arbitration in India operates within a framework shaped by both public policy and patent illegality, two distinct yet often overlapping grounds for challenging arbitral awards. While both concepts aim to uphold justice, they function differently, each offering unique grounds for judicial intervention. The tension between promoting arbitration finality and allowing judicial intervention has been a

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“Pay if Paid” & “Pay when Paid” clause in back-to-back agreements

Agreement /

INTRODUCTION Back-to-back agreements, also known as parallel contracts, are a common practice in the business world. Most of the real estate companies and Tech companies enter into back to back agreements with the sub-contractors. These agreements involve two separate contracts, one agreement between a principal and a main contractor and other agreement between the main

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Green Bonds and India

Green Bonds /

What are green bonds? The Organisation For Co-operation and Development (OECD) defines green bonds as a type of bond which “is a commitment to exclusively use the funds raised to finance or re-finance “green” projects, assets, or business activities.”1 Essentially it is a fixed income debt instrument which is issued for the purpose of receiving

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