Blog Post

– Devansh Kaushik
The article uses an interdisciplinary approach, of law and economics, to argue for incentivising external reporting, under the SEBI (Prohibition of Insider Trading) Regulations Amendment 2019. It analyses an economic model of whistleblowing and addresses the arguments posed against external reporting.

Webinar on ‘The Holy Grail of Jurisprudence in Indian Corporate/Competition/Insolvency Laws’ by Prof. Rahul Singh

– Arnav Maru
The article argues for government-backed Credit Default Swaps (CDS) as a COVID-related market stimulus. The argument is built by analysing the CDS model, its current regulation and its potential in facilitating economic recovery.

– Soumya Hariharan, Sakshi Agarwal and Akrathi Shetty
The article discusses the risks of algorithmic collusion and the complexities involved in holding companies accountable for such anti-competitive practices. It also analyses the legal and legislative developments of regulating algorithmic collusion in India and in other jurisdictions.

– Karan Kamath
The article analyses the law of limitation vis-à-vis the Insolvency and Bankruptcy Code (IBC). This is done by observing how the interpretation of limitation by National Company Law Tribunal (NCLAT) orders have contradicted Supreme Court judgments. It also calls for reconciling these contradictions to achieve the objectives of both the IBC and the NLCAT.

– Dr. Sudhanshu Kumar
The article classifies the roles played by cartel ring leaders and analyses the variations in regulating them in different jurisdictions. It also examines the same in the Indian context and criticises the lack of clear penalty and leniency structures in India.

– Sahana Ramesh
The article focuses on the debate of whether investment arbitration comes under the Arbitration and Conciliation Act, 1996, in the context of the Vodafone v UoI case. It elaborates on the current interpretation by the Indian courts and proposes the way forward for enforcing investment arbitration awards in India.

– Anchit Nayyar and Krimul Malhotra
The article analyses the Competition Commission of India order on WhatsApp Pay and focuses on two issues: a. Locus standi b. Unfair Conditions, Tying and Leveraging. It argues that though the issue of locus standi was resolved rightly, the restrictive interpretation of prohibitions on tying and leveraging has led to a missed opportunity of regulating Big tech companies.

– Amal Sethi and Aditi Vishwas Sheth
The article proposes a radical solution to rethink contracts during the COVID-19 pandemic. It analyses the problems in applying the bargain theory of contract and argues for a more cooperative approach among parties and a limited role of the courts.

– Rajat Sethi and Tanya Aggarwal
The article analyses the measures introduced by the Union government, with regards to the Insolvency Code, during the COVID-19 pandemic, and how it will impact various stakeholders. It also proposes for enhancing the efficiency of existing out-of-court and in-court restructuring mechanisms and for building new mechanisms like, pre-packaged insolvency resolution process.