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Arbitration & Corporate Law Review

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    Missing Revival for Recovery - Drawbacks in Standing Committee Report on IBC
    • Sep 28, 2021
    • 6 min

    Missing Revival for Recovery - Drawbacks in Standing Committee Report on IBC

    Amay Bahri[i] Introduction The Parliamentary Standing Committee on Finance (‘the Committee’) has recently released a Report titled “Implementation of Insolvency Bankruptcy Code- Pitfalls and Solutions” (‘Report’) observing that the Insolvency Bankruptcy Code, 2016 (‘IBC’ or ‘the Code’) has deviated from its objectives and requires a structural change in design as well as implementation. The thrust of the observations of the Committee rely on the fact that there have been huge
    88 views
    Whether a Mutual Fund can Invest in an Alternative Investment Fund?
    • Sep 25, 2021
    • 5 min

    Whether a Mutual Fund can Invest in an Alternative Investment Fund?

    Aaj Sikri and Vibhasa[i] There are various investment platforms available to investors. The article deals with Mutual Fund (“MF”) and Alternate Investment Fund (“AIF”). Both AIFs and MFs are considered ‘pooled investment vehicles’ (“PIV”) as per Securities Contracts (Regulations) Act 1956 (“SCRA”) Section 2(da). It defines PIV as a fund that collects money from investors and invests them according to the regulations made by SEBI. A MF is defined as a mechanism where resource
    145 views
    Liability of Mystery Shopping Agencies under Indian Competition Law
    • Sep 18, 2021
    • 7 min

    Liability of Mystery Shopping Agencies under Indian Competition Law

    Kunal Singh[i] Introduction Monitoring the strategies employed by rival competitors is the most desirable thing that a market player wishes to undertake. Through the lens of competition law, this may seem like anti-competitive conduct at first sight in leading to sharing of competitively sensitive information between the market players. However, there is a legitimate business practice of appointing Mystery Shopping Agencies (MSA) that is adopted by enterprises to monitor the
    124 views
    Breaking the Taboo: Why Restrict Arbitral Institutions?
    • Sep 4, 2021
    • 8 min

    Breaking the Taboo: Why Restrict Arbitral Institutions?

    Aditya Singh Chauhan[i] I. Introduction There seems to be a noticeable lack of discourse on the merits of the restrictions in various jurisdictions on the establishment and operation of arbitral institutions. These restrictions may be in the form of licencing and registration requirements for the establishment of arbitral institutions (particularly foreign institutions) and ‘quality control’ requirements for their operation. There is not much data on how effective (if a
    204 views
    The Flip Side of Arbitral Autonomy
    • Sep 3, 2021
    • 6 min

    The Flip Side of Arbitral Autonomy

    Simran Pahwa[i] Abstract: The Arbitration and Conciliation Act, 1996 was enacted to serve the purpose of timely and speedy proceedings in order to prevent years and years of backlog in overburdened courts. The provisions of the Act have more or less ensured that this purpose is fulfilled. However, there are certain provisions in the Act, which have a seemingly vast interpretation and therefore need consideration. Several questions with regard to the termination of mandate of
    149 views
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    ACLR is a platform curated solely for informational and educational purposes. The publications featured on the platform are the personal views of the authors. They neither reflect the views of the editors and advisors nor any other person associated with it. Third-party links in the posts are provided for the convenience of the reader and ACLR takes no responsibility for their content. The purpose of this blog is limited to impart legal opinion and knowledge, as opposed to legal advice which must be always be sought from qualified legal practitioners only. ACLR provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.

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    Arbitration & Corporate Law Review

    Email: arbitrationcorporatelawreview@gmail.com

    Place of Publication: Kolkata & Mumbai (India).

    Publisher: Self Published.

    Type: Online.

    Editor-in-Chief: Bodhisattwa Majumder (Bodhisattwa@mnlumumbai.edu.in)

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