Articles and Updates

Arbitration bill to further close procedural loopholes
  • Aman aminav - 21-05-2025

The Arbitration and Conciliation (Amendment) Bill, 2024 proposes a comprehensive overhaul of India’s arbitration landscape, renaming the law, refining jurisdictional clarity, and institutionalizing emergency arbitration. While the shift toward digital processes and reduced court intervention aligns with global best practices, new procedural frameworks may create fresh interpretational and practical challenges.

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Supreme Court's Five-Judge Verdict On Modification Of Arbitral Awards: A Welcome Evolution Or Judicial Overreach?
  • Zoeb Cutlerywala - 03-05-2025

In a landmark five-judge ruling in Gayatri Balasamy v. ISG Novasoft, the Supreme Court has, for the first time, recognized a limited power of courts to modify arbitral awards under Section 34 of the Arbitration Act. This bold departure from earlier precedent promises practical relief but also raises tough questions about finality, party autonomy, and legislative overreach. Read the article " Supreme Court’s Five-Judge Verdict on Modification of Arbitral Awards: A Welcome Evolution or Judicial Overreach?" authored by Zoeb Cutlerywala (Partner). This article critically analyzes the judgment’s legal rationale, practical implications, and potential risks to party autonomy and international enforceability.

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Prior CCI Approval Mandatory For Resolution Plans Involving Combinations: Supreme Court
  • Neha Naik Madhavi Doshi and Isha Patil - 28-04-2025

India’s insolvency regime continues to evolve, with the Supreme Court reinforcing strict compliance with statutory mandates. In a landmark judgment involving Hindustan National Glass and Industries Ltd., the Court held that prior Competition Commission of India (CCI) approval is mandatory before the Committee of Creditors (CoC) considers a resolution plan involving a combination. By adopting a literal interpretation of Section 31(4) of the Insolvency and Bankruptcy Code, 2016, the Court emphasized that expediency cannot override regulatory safeguards, strengthening the interplay between insolvency and competition laws.

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Taxman’s bid to reform prosecution casts shadow over personal data
  • Aman aminav - 22-04-2025

The Income Tax Bill, 2025 introduces sweeping changes to how wilful failure to file returns and TDS defaults are prosecuted. While clauses 476 and 480 offer relief through conditional enforcement and safeguard taxpayer rights, clause 247 expands search and seizure powers, raising serious questions around privacy, digital forensics, and procedural fairness.

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Taxman’s bid to reform prosecution casts shadow over personal data
  • Aman aminav - 22-04-2025

The Income Tax Bill, 2025 introduces sweeping changes to how wilful failure to file returns and TDS defaults are prosecuted. While clauses 476 and 480 offer relief through conditional enforcement and safeguard taxpayer rights, clause 247 expands search and seizure powers, raising serious questions around privacy, digital forensics, and procedural fairness.

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