corporate law

A few days back the Union cabinet approved the Arbitration and Conciliation (Amendment) Act bill, 2018 which is declared as an important effort of the Government of India to encourage Institutional Arbitration and to make India a center of robust ADR mechanism.  The objective of the bill seems to be to take steps towards institutionalizing the arbitrations in I..

The Central Government employees who are covered by CPF Rules (India) 1962 and who retired on or after 01.01.1986 are not entitled to any monthly pension/ex-gratia amount. However, the Government employees under CPF who retired between 18.11.1960 and 31.12.1985 are entitled to monthly ex-gratia amount of the following rates: ..

We have seen lawyers arguing during arbitrations showing various technicalities and lapses in a contract to deny the payment to a party which provided a service or product to the other party. But Indian Contract Act heavily relies on the concept of unjust enrichment and hence cures most of the defects which comes in the way to receive a payment for a service or supply..

Arbitration proceedings is a creature of the contract and arbitration agreement between the parties. One of the major challenges faced by the parties in the Arbitration Proceedings is the restriction that only the parties to the same arbitration agreement can be parties to the arbitration arising out of the said contract. That means, even though subject matter of an..

India has been the land of trade and consumerism since ancient times of 2nd 3rd century as our products such as gemstone spice etc, were all transported to far off eastern coasts through Nile river on the African continent to far European countries through seas. With the changing time's event of globalization when the world recognizes India not only the as huge ma..

Introduction The ultimate executive authority controlling the management and affairs of a company vests in the team of directors of the company, collectively known as its Board of Directors. The foundation of board of directors was based on the premise that a group of trustworthy and respectable people should l..

We may argue that it is a criminal proceeding is different from civil recoveries in the connotation of law. Obviously it is right, but the legislative intent of Insolvency and Bankruptcy Code and the word 'proceedings' give a vast thinking about the applicability of moratorium on 138 proceedings. The code prohibits institution ..

The Right to Information Act,2005 was enacted with a view bring about transparency in the functioning of the Government Institutions in India. This Act is considered to be a revolutionary law enacted in the history of the Indian Laws since it was the first ever law which opened up the government departments and organizations to be scrutinized by the people. ..

The new Companies Act, 2013 under section 2(62) defines one-person company as a company which has only one person as its member. The concept of one-person company is new to the Companies Act as it was not provided for in the previous Act of 1956. The Companies Act, 1956 strictly provided, that for incorporating a private limited company a minimum of two directors an..

The Companies Amendment Act,2017 (herein after referred to as the 'Amendment Act') has finally seen the light of the day after a period of prolonged hibernation lasting almost two years. The amended provisions are being notified for application in a phased manner. The Amendment Act comes off as a breath of fresh air in that it eases the rigors of procedure on any ma..

The Companies (Amendment) Bill, 2017, introduced in Lok Sabha on 16 March, 2016 as The Companies (Amendment) Bill, 2016 was referred to the Standing Committee on Finance on 12 April, 2016. The Standing Committee on Finance examined the Bill and submitted its report on December 7, 2016. 2 In April 2017, the government circulated certain amendments to the Bill. The Gove..

Normally parties choose arbitration as the dispute resolution mechanism to resolve all their disputes arising out of or relating to a contract. In such a situation, an arbitrator has unlimited scope to decide all the issues raised by the parties. It is advisable to have such arbitration clauses in the contract to have a single and effective dispute resolution mechanis..

As we all are aware that in September, 2017 the government of India steps up its fight against the black money. The Government of India with the help of Ministry of Finance, pushes ahead with the efforts to weed out shell companies (a term used for entities that have not been carrying out business for long and are allegedly used as conduit for illegal fund flows) ha..

In most of the Build Operate Transfer types of contracts (BOT), we normally see a chapter called conditions Precedent. These conditions precedents impose certain obligations on both the parties which are to be fulfilled or waived off for the starting of the project work by fixing the appointed date. Many times arbitral tribunals get confused in differentiating the c..

In our country, everyday there are many announcements about new launch of infrastructure projects on either BOT basis or Annuity basis or EPC basis etc., But most of them end up in arbitrations due to delay in completion or termination or escalation issues or violation of state support agreements etc., Even though these types of contracts look like FIDIC contracts, ..