Articles and Updates

• Vasanth Rajasekaran and Shweta Vashist and Reshma Ravipati - 23-04-2020

In the years since introduction of the Insolvency and Bankruptcy Code, 2016 (Code), courts and tribunals have paved the way for a new insolvency and bankruptcy regime in India through effective interpretation and enforcement of the Code. Since the Code is still in its nascent stages of implementation, judicial pronouncements play a very important role in clarifying the legislative intent of provisions of the Code, and the manner in which they are to be interpreted.

• Biswadeep Chakravarty and Sanjeev Sambasivan - 20-04-2020

In a recent decision, a single Judge of the High Court of Delhi ("High Court") had the occasion to delineate the meaning and scope of anti-arbitration injunction suits in India. While doing so, the High Court reiterated that anti-arbitration actions which sought a declaration that the underlying arbitration agreement is invalid and unenforceable, are within the scope and power of the arbitral under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act).

• Vasanth Rajasekaran and Reshma Ravipati - 20-04-2020

A lot of information is available on the internet today, regarding applicability of 'force majeure' clauses to the disruptions caused in business activities due to the prevailing COVID-19 crisis. In the wake of this pandemic, while it is important to understand the general legal position in this regard, it is equally important to follow and understand how courts are actually handling cases where the 'force majeure' exemption is being raised.v

• Vasanth Rajasekaran and Reshma Ravipati - 20-04-2020

A lot of information is available on the internet today, regarding applicability of 'force majeure' clauses to the disruptions caused in business activities due to the prevailing COVID-19 crisis. In the wake of this pandemic, while it is important to understand the general legal position in this regard, it is equally important to follow and understand how courts are actually handling cases where the 'force majeure' exemption is being raised. The High Court of Bombay (Court) recently dismissed a plea invoking the 'force majeure' exemption, in a contract involving steel importers.

• Abhishek Saxena and Aashna Kothiyal - 18-04-2020

This article provides a brief background leading up to the enactment of India’s current insolvency law, the Insolvency and Bankruptcy Code, 2016. It also discusses the most recent landmark judgment of the Supreme Court of India in Committee of Creditors of Essar Steel India Ltd v Satish Kumar Gupta & Ors Civil Appeal No 8766-67 of 2019 and analyses its significance for development of insolvency jurisprudence and will be a useful guide to international clients and law firms involved in insolvency proceedings in India.