Category: Uncategorized

[Arjim Jain and Shruti Asati are 5th Year B.A., LL.B. (Hons.) students at National Law University, Odisha] In commercial transactions, especially those involving mergers, acquisitions, and venture capital funding, a “term sheet” plays a pivotal role in outlining the contours of the intended arrangement. While these documents often mark a significant milestone in negotiations, their legal enforceability remains a

[Disha Jain is an independent legal practitioner specialising in commercial law] The Supreme Court’s ruling in Noida Toll Bridge Company Ltd. v. Federation of Noida Residents Welfare Association has sent ripples across the infrastructure and investment sectors. It upholds the Allahabad High Court’s decision directing the Noida Toll Bridge Company Limited (NTBCL) to cease toll collection on the

[Shyamal Anand is a Principal Associate at Shardul Amarchand Mangaldas & Co and Pranjal Kushwaha is a 5th Year B.A. LL.B. (Hons.) Student at National Law Institute University, Bhopal] Having outlined the majority’s reasoning and its rationale in Part I, the discussion now turns to a critical but constructive examination of the broader implications of the Gayatri Balasamy ruling. While the

[Shyamal Anand is a Principal Associate at Shardul Amarchand Mangaldas & Co and Pranjal Kushwaha is a 5th Year B.A. LL.B. (Hons.) Student at National Law Institute University, Bhopal] India’s arbitration regime aspires to position itself as a leading global hub, promising efficiency, finality, and investor trust. Yet, the Supreme Court’s ruling in Gayatri Balasamy v. ISG Novasoft Technologies Ltd. intended

[Aditi Kanoongo is a 5th year law student at NALSAR University of Law, Hyderabad] The Reserve Bank of India (‘RBI’) recently released draft directions on Regulated Entities (‘REs’) in Alternative Investment Funds (‘AIFs’). The proposed rules follow the earlier circulars issued in December 2023 and March 2024, marking a continued effort by the RBI to strengthen oversight over REs’ indirect exposures

[Aditya Vaid is a penultimate year law student at Jindal Global Law School] The recent landmark Supreme Court judgment in the case of Kalyani Transco v. Bhushan Power and Steel Limitedrepresents a significant milestone in India’s insolvency regime. On May 2, 2025, the Supreme Court set aside JSW Steel Ltd.’s (“JSW Steel”) resolution plan for Bhushan Power and Steel

[Esha Rathi is an associate at a law firm’s Mumbai office] Mergers are a common tool for corporate restructuring. However, securing approval from the National Company Law Tribunal (“NCLT”) can often be a lengthy and complex process. To streamline such transactions, section 233 of the Companies Act, 2013 introduces a fast track merger (“FTM”) route, allowing certain classes

[Pallav Mongia is a dual-qualified lawyer, and an empanelled arbitrator, practising before the Supreme Court and Delhi High Court and Prince Todi is an advocate practising before the Supreme Court and Bombay High Court] After a stream of divergent and contrasting judicial precedents on whether Indian courts are jurisdictionally empowered to modify arbitral awards, a five-judge Constitution Bench of

[Amoga Krishnan. R is an Advocate] In Cavendish Square Holding BV v. Talal El Makdessi (2015), the United Kingdom Supreme Court eliminated the dichotomy between “genuine pre-estimates” and “penalties” in common law and, with that, recast the contours of the penalty rule. Until then, the reason for the dichotomy at common law between penalties and liquidated damages (“LD”)

[Rishab Chand and Jitya Singh are 3rd year and 4th year students, respectively, at the National Law School of India University, Bangalore] The recent Bombay High Court decision in Tata Capital Ltd. v. Vijay Devji Aiya has reignited the debate on the validity of Unilateral Option Clauses (“UOCs”) in arbitration agreements. While the Court held that UOCs are incompatible with principles of