Knowledge Bank

Should Courts Modify an Arbitral Award? 01 April 2024
Should Courts Modify an Arbitral Award? Zarir Bharucha & Dhwani
Supreme Court’s Nod for the ‘Group of Companies’ Doctrine – A Judicial Legislation? 02 February 2024
Supreme Court’s Nod for the ‘Group of Companies’ Doctrine – A Judicial Legislation? Zarir Bharucha
Delhi and Bombay High Courts’ Practical Approach to the Conservative N.N.Gopal Ruling of the Supreme Court 22 September 2023
Delhi and Bombay High Courts’ Practical Approach to the Conservative N.N.Gopal Ruling of the Supreme Court Zarir Bharucha
Mediation Bill 2023 – Smooth Take-Off but Turbulence Ahead? 08 September 2023
Mediation Bill 2023 – Smooth Take-Off but Turbulence Ahead? Zarir Bharucha & Dhwani
Shipowner’s Right to Limit Liability is Absolute and Unqualified 24 February 2023
Shipowner’s Right to Limit Liability is Absolute and Unqualified Zarir Bharucha
IBBI Amends CIRP Regulations – A Booster Dose for Resolution Process? 23 September 2022
IBBI Amends CIRP Regulations – A Booster Dose for Resolution Process? Niloufer Lam
Enforcement of Foreign Insolvency Judgements in India 11 July 2022
Enforcement of Foreign Insolvency Judgements in India Zarir Bharucha
RBI Proposals In Light Of The Current Global Framework 07 July 2022
RBI Proposals In Light Of The Current Global Framework Niloufer Lam
Bombay High Court Judgment on Pledge of Shares in World Crest Advisors LLP v. Yes Bank Limited- A concern for Financial Creditors under IBC? 02 July 2022
Bombay High Court Judgment on Pledge of Shares in World Crest Advisors LLP v. Yes Bank Limited- A concern for Financial Creditors under IBC? Niloufer Lam & Rishi Thakur
IBBI Introduce Crucial Changes to Smooth Corporate Insolvency Resolution Process 17 June 2022
IBBI Introduce Crucial Changes to Smooth Corporate Insolvency Resolution Process Niloufer Lam
Personal Guarantor Insolvency Is Not Dependent On The Status Of Insolvent Corporate Debtor Status – Clarity For Lenders Actions 27 May 2022
Personal Guarantor Insolvency Is Not Dependent On The Status Of Insolvent Corporate Debtor Status – Clarity For Lenders Actions Niloufer Lam
Clarity on enforcement of Bank Guarantees Delhi High Court in Larsen & Toubro Limited v. Punjab National bank 23 May 2022
Clarity on enforcement of Bank Guarantees Delhi High Court in Larsen & Toubro Limited v. Punjab National bank Niloufer Lam
Infrastructure debt funds – tax efficient zero coupon bonds now effective 18 April 2022
Infrastructure debt funds – tax efficient zero coupon bonds now effective Niloufer Lam
Indian Bonds – Let it Flow 14 February 2022
Indian Bonds – Let it Flow Niloufer Lam & Indrajit
Gujarat High Court Refuses Arrest of Vessel at First Instance 14 February 2022
Gujarat High Court Refuses Arrest of Vessel at First Instance Zarir Bharucha
Promises are to be kept-Bombay High Court reiterates test for granting deposit orders in aid of foreign seated arbitration 14 December 2021
Promises are to be kept-Bombay High Court reiterates test for granting deposit orders in aid of foreign seated arbitration Zarir Bharucha
Wilful Defaulters and Intervention of Courts: Should there be a Lakshman Rekha? 29 November 2021
Wilful Defaulters and Intervention of Courts: Should there be a Lakshman Rekha? Zarir Bharucha
Code of Conduct for CoC: Caging the Commercial Wisdom? 27 September 2021
Code of Conduct for CoC: Caging the Commercial Wisdom? Zarir Bharucha & Rishi Thakur
Can an arbitral award bind a non-signatory? 20 August 2021
Can an arbitral award bind a non-signatory? Zarir Bharucha
Indian courts cannot modify arbitral award 29 July 2021
Indian courts cannot modify arbitral award Zarir Bharucha
Bank Guarantees Furnished to Court 14 July 2021
Bank Guarantees Furnished to Court Zarir Bharucha
Force majeure and Insolvency 05 July 2021
Force majeure and Insolvency Zarir Bharucha & Rishi Thakur
Determination of Default Under IBC – Supreme Court’s Confused Message in Indus Biotech 24 May 2021
Determination of Default Under IBC – Supreme Court’s Confused Message in Indus Biotech Niloufer Lam
India Revamps its Major Ports 21 May 2021
India Revamps its Major Ports Zarir Bharucha
Inter-Se Priorities Between Creditors not respected in Liquidation Waterfall – A Misplaced Presumption? 16 April 2021
Inter-Se Priorities Between Creditors not respected in Liquidation Waterfall – A Misplaced Presumption? Niloufer Lam
Is it time for Indian cross border securitisation to takes its stage in the world? 23 March 2021
Is it time for Indian cross border securitisation to takes its stage in the world? Niloufer Lam
Certainty on filing and claims against corporate guarantors under the insolvency code 17 March 2021
Certainty on filing and claims against corporate guarantors under the insolvency code Niloufer Lam
Pre-Packaged Insolvency Resolution Process Framework – A Leap Forward 16 February 2021
Pre-Packaged Insolvency Resolution Process Framework – A Leap Forward Niloufer Lam
Debenture Trustee enhanced Due Diligence Requirements for Rupee Debentures 10 November 2020
Debenture Trustee enhanced Due Diligence Requirements for Rupee Debentures Zarir Bharucha
Changes for Listed Debt Securities easier participation into Debt Resolutions of Indian Corporates and Other Amendments 22 October 2020
Changes for Listed Debt Securities easier participation into Debt Resolutions of Indian Corporates and Other Amendments Niloufer Lam
Arrest of Vessels for unpaid Bunker Supplies in the Gujarat High Court – A Change in the Law. 09 September 2020
Arrest of Vessels for unpaid Bunker Supplies in the Gujarat High Court – A Change in the Law. Zarir Bharucha
National Company Law Tribunal refusal to admit CMRS Projects into insolvency – should lenders be forced to settle? 22 July 2020
National Company Law Tribunal refusal to admit CMRS Projects into insolvency – should lenders be forced to settle? Niloufer Lam
Supreme Court on Third Party Security under the Insolvency and Bankruptcy Code of India- A view from Ivory Tower? 09 July 2020
Supreme Court on Third Party Security under the Insolvency and Bankruptcy Code of India- A view from Ivory Tower? Niloufer Lam
Co-operative Banks in India: Heading towards reform 22 June 2020
Co-operative Banks in India: Heading towards reform Niloufer Lam
Indian Takeover Code – Extent of Disclosure on ‘Encumbrance’ in Structured Debt Transactions 10 June 2020
Indian Takeover Code – Extent of Disclosure on ‘Encumbrance’ in Structured Debt Transactions Niloufer Lam
Undecided Claims during Insolvency Proceedings: An Achilles Heel for the Indian Insolvency and Bankruptcy Code 04 June 2020
Undecided Claims during Insolvency Proceedings: An Achilles Heel for the Indian Insolvency and Bankruptcy Code Niloufer Lam
Put Options and Enforcement of Foreign Awards in India 02 June 2020
Put Options and Enforcement of Foreign Awards in India Zarir Bharucha
Interface between Admiralty and Insolvency 27 May 2020
Interface between Admiralty and Insolvency Zarir Bharucha
Stricter Foreign Direct Investment from Neighbouring Countries – Future Challenges 25 May 2020
Stricter Foreign Direct Investment from Neighbouring Countries – Future Challenges Niloufer Lam
Ease of Foreign Portfolio Investor Flow of Capital into India through Mauritius 14 May 2020
Ease of Foreign Portfolio Investor Flow of Capital into India through Mauritius Niloufer Lam
Limitation Period under the Insolvency and Bankruptcy Code- Concern for Creditors? 24 April 2020
Limitation Period under the Insolvency and Bankruptcy Code- Concern for Creditors? Zarir Bharucha
A Breather for Securities Markets Requirements Amidst the COVID 19 Pandemic 20 April 2020
A Breather for Securities Markets Requirements Amidst the COVID 19 Pandemic Niloufer Lam
India’s Embrace of Online Courts 15 April 2020
India’s Embrace of Online Courts Zarir Bharucha
Arresting the Spiral – RBI’s Superman Response to the COVID Crisis 13 April 2020
Arresting the Spiral – RBI’s Superman Response to the COVID Crisis Niloufer Lam
CoVID 19: MCA Relief Package for Indian Companies 08 April 2020
CoVID 19: MCA Relief Package for Indian Companies Niloufer Lam
Force Majeure and Frustration of Contracts during COVID-19 04 April 2020
Force Majeure and Frustration of Contracts during COVID-19 Zarir Bharucha
Companies Fresh Start Scheme, 2020 03 April 2020
Companies Fresh Start Scheme, 2020 Niloufer Lam
Limitation period for execution of Foreign Judgments in India 30 March 2020
Limitation period for execution of Foreign Judgments in India Zarir Bharucha
Status of foreign Awards in India 05 March 2020
Status of foreign Awards in India Zarir Bharucha
Clarity for Third Party Assets in Indian Insolvency – Clarity for Securitisation? 26 February 2020
Clarity for Third Party Assets in Indian Insolvency – Clarity for Securitisation? Niloufer Lam
The Next Wave – Personal Guarantors under the Insolvency and Bankruptcy Code, 2016 04 February 2020
The Next Wave – Personal Guarantors under the Insolvency and Bankruptcy Code, 2016 Zarir Bharucha & Niloufer Lam
New 2020 Stamp Duty for Debentures – Does it Cut the Clutter? 06 January 2020
New 2020 Stamp Duty for Debentures – Does it Cut the Clutter? Niloufer Lam
Importance of Seat of Arbitration Reaffirmed 02 January 2020
Importance of Seat of Arbitration Reaffirmed Zarir Bharucha
Party autonomy or Impartiality in Arbitrator appointments in India 18 December 2019
Party autonomy or Impartiality in Arbitrator appointments in India Zarir Bharucha
Ship Recycling in India – Hong Kong Convention 04 December 2019
Ship Recycling in India – Hong Kong Convention Zarir Bharucha
No Judicial intervention in Procedural orders 11 November 2019
No Judicial intervention in Procedural orders Zarir Bharucha
Arbitration – Seat and Venue Revisited 06 August 2019
Arbitration – Seat and Venue Revisited Zarir Bharucha
Will the Gates Open? Liberalised End Use of Proceeds for Indian Companies Raising Foreign Debt 01 August 2019
Will the Gates Open? Liberalised End Use of Proceeds for Indian Companies Raising Foreign Debt Niloufer Lam
Proposed Amendments to Indian Arbitration Law – Half Baked Reform 23 July 2019
Proposed Amendments to Indian Arbitration Law – Half Baked Reform Zarir Bharucha
Scope of Judicial Interference in Awards 27 May 2019
Scope of Judicial Interference in Awards Zarir Bharucha
Effect of an Arbitration Clause in an Unstamped Agreement 15 April 2019
Effect of an Arbitration Clause in an Unstamped Agreement Zarir Bharucha
Defective Appointment of Arbitrators 05 April 2019
Defective Appointment of Arbitrators Zarir Bharucha
Foreign Awards cannot be annulled by Indian Courts 20 February 2019
Foreign Awards cannot be annulled by Indian Courts Zarir Bharucha
Further Refinements in India’s External Commercial Borrowing Regime – Boon or Bane? 13 February 2019
Further Refinements in India’s External Commercial Borrowing Regime – Boon or Bane? Niloufer Lam
Structured Investments under the Indian Insolvency Framework 24 January 2019
Structured Investments under the Indian Insolvency Framework Niloufer Lam
Arbitrability of Consumer Disputes 18 December 2018
Arbitrability of Consumer Disputes Zarir Bharucha
Is value maximisation overriding objective of the Insolvency Code? 04 December 2018
Is value maximisation overriding objective of the Insolvency Code? Zarir Bharucha
Does an Arbitration Agreement need to be Signed? 28 November 2018
Does an Arbitration Agreement need to be Signed? Zarir Bharucha
Interest Awarded by Arbitrators in Multi-Currency Claims – Compensatory not Punitive 19 November 2018
Interest Awarded by Arbitrators in Multi-Currency Claims – Compensatory not Punitive Zarir Bharucha
Muddle Over “Public Policy” Exception to Enforcement of Foreign Awards in India 12 November 2018
Muddle Over “Public Policy” Exception to Enforcement of Foreign Awards in India Zarir Bharucha
Judicial Interference in Domestic Arbitral Awards Restricted by the Delhi High Court 01 November 2018
Judicial Interference in Domestic Arbitral Awards Restricted by the Delhi High Court Zarir Bharucha
Recent Developments in International Commercial Arbitration in India 25 October 2018
Recent Developments in International Commercial Arbitration in India Zarir Bharucha
Importance of Seat, Venue or Place of Arbitration- Does it Matter? 11 October 2018
Importance of Seat, Venue or Place of Arbitration- Does it Matter? Zarir Bharucha
Indian Admiralty Act, 2017 – Judicial Interpretation 09 October 2018
Indian Admiralty Act, 2017 – Judicial Interpretation Zarir Bharucha
OW Bankruptcy Saga Reaches Indian Shores: Physical Suppliers Arrest Vessels in India to Realize Unpaid Supplies 06 August 2018
OW Bankruptcy Saga Reaches Indian Shores: Physical Suppliers Arrest Vessels in India to Realize Unpaid Supplies Zarir Bharucha
Limitation of Liability in India 25 July 2018
Limitation of Liability in India Zarir Bharucha
Enforcement of pledge on listed shares under Indian law – Can I hit “Sell”? 13 July 2018
Enforcement of pledge on listed shares under Indian law – Can I hit “Sell”? Zarir Bharucha & Niloufer Lam
India Introduces Guidelines on Cross Border Insolvency 10 July 2018
India Introduces Guidelines on Cross Border Insolvency Zarir Bharucha & Niloufer Lam
Reviewing the “Admiralty Act” 28 June 2018
Reviewing the “Admiralty Act” Zarir Bharucha
New Indian Admiralty Act – Missed Opportunity? 22 June 2018
New Indian Admiralty Act – Missed Opportunity? Zarir Bharucha
Amendments to the Indian Commercial Courts Act 18 June 2018
Amendments to the Indian Commercial Courts Act Zarir Bharucha
Delhi High Court Judgement on BITS Arbitration 11 June 2018
Delhi High Court Judgement on BITS Arbitration Zarir Bharucha
Enforcement Of Foreign Arbitral Awards In India: Reviewing trends 07 June 2018
Enforcement Of Foreign Arbitral Awards In India: Reviewing trends Zarir Bharucha

Disclaimer: The above is a generic analysis and should not be regarded as a substitute for specific advice based on the facts of a client’s objectives and specific commercial agreements reached. Please do reach out to us at [email protected] for any queries.

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.zba.co.in), you acknowledge and confirm that you are seeking information relating to ZBA of your own accord and that there has been no form of solicitation, advertisement or inducement by ZBA or its members. The information available is purely informative; it should not be construed as legal advice and the contents should not be deemed to create any attorney-client relationship. ZBA shall not be liable for consequences of any action taken by relying on the material or information provided on this website. ZBA disclaims all liability in respect of actions, omissions by individuals and corporations based on the information provided on this website. Further, by accessing this site, the user agrees to abide by the copyright restrictions and undertakes not to replicate, disseminate or commercially exploit the information available on this website.

I Agree I Disagree