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Delhi HC: Transfer of liabilities from a previous loan agreement makes the arbitration clauses in subsequent agreements, binding

The Division Bench of High Court of Delhi (“Delhi HC”), vide its judgment pronounced on September 13, 2023, in the matter of DD Global Capital Private Limited and Others v. S.E. Investments Limited [FAO (OS) (COMM) 33/2018 and CM APPL. 7434/2018], has dismissed an appeal assailing the impugned judgment dated September 20, 2017 passed by […]

Delhi HC: Claims settled under a resolution plan become non-arbitrable and a reference of those claims would amount to reopening of the resolution plan

The Delhi High Court (“Delhi HC”) has, in its judgement dated October 10, 2023, in the matter of Indian Oil Corporation Limited v. Arcelor Mittal Nippon Steel India Limited [ARB.P. 102/2022], held that claims that have already been settled under a resolution plan would become non-arbitrable once the resolution plan is approved by the committee […]

Sovereign Wealth Funds in India and Opportunities for Andersen network

SWFs are investment fund engines owned by the Government to achieve pre-determined objectives of the Government. The Government invests through SWFs, inter-alia, to diversify their assets, to secure better gains on their investment, to tap into new jurisdictions, to promote industrialization, etc. The SWFs investment activities have grown substantially with SWFs having over USD 11.5 […]

Legalaxy – Monthly Newsletter Series – Vol VI – November, 2023

We are pleased to share with you the link to our newsletter “Legalaxy” for November 2023, providing updates on the recent and relevant legal developments in India. Below are the key highlights of the newsletter: SEBI extends the deadline for complying with enhanced investment adviser qualification by 2 years SEBI revises the manner of achieving minimum […]

Supreme Court: No absolute or unfettered discretion on the part of liquidator to cancel an auction which is otherwise valid

The Hon’ble Supreme Court of India (“SC”) has, by its judgment dated September 6, 2023, in the matter of Eva Agro Feeds Private Limited v. Punjab National Bank and Another, held that the mere expectation of the liquidator, that a higher price can be attained, can be no good ground to cancel an otherwise valid […]

Supreme Court: Admission of claims after the resolution plan has been accepted by CoC would result in making CIRP prolonged and inefficacious

The Supreme Court has, vide its judgement dated September 11, 2023, in the case of RPS Infrastructure Limited v. Mukul Kumar and Another [CA No. 5590/2021], held that the admission of claims after the resolution plan has been accepted by Committee of Creditors (“CoC”) would result in making the Corporate Insolvency Resolution Process (“CIRP”), an […]