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Supreme Court Reiterates Finality of Approved Resolution Plans: No Scope for Reviving Arbitration Claims Post-CIRP

Introduction

In an authoritative pronouncement concerning the interplay between arbitration proceedings and the Insolvency and Bankruptcy Code, 2016 (“IBC”), the Hon’ble Supreme Court in Electrosteel Steel Limited v. Ispat Carrier Private Limited (Civil Appeal No. 2896 of 2024, decided on April 21, 2025)[1] (“Electrosteel”) has reinforced the legal position that once a resolution plan is approved by the adjudicating authority under Section 31 of the IBC, all claims not forming part of the plan stand extinguished. This includes claims that are subject to pending legal proceedings.

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Introduction

The Foreign Contribution (Regulation) Act, 2010 (“FCRA/Act”), is an important piece of legislation that Parliament has enacted to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for activities detrimental to national interest.

Continue Reading Navigating the Evolving FCRA Landscape: Enhanced Responsibility of Chartered Accountants
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    The Prevention of Money Laundering Act, 2002 (“PMLA”), places proceeds of crime at the core of the offence of money laundering. Before delving into this article, it is imperative to understand the definition of proceeds of crime, which Section 2 (1) (u) of the PMLA[1] defines as “any property derived or obtained by any person, as a result of criminal activity relating to a scheduled offence”.

    Continue Reading Changing Landscape of Arrest Under the PMLA – Decoding Section 19 Through Jurisprudence
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    Chinese Goods, India Exports: Substantial transformation or risky transshipment?

    There is increasing uncertainty surrounding the legal and commercial aspects of trade, against the backdrop of the United States imposing new tariffs. This evolving landscape of international trade exposes Indian exporters to heightened scrutiny under the US customs regulations, specifically those concerning transshipment of goods and adherence to the US Customs and Border Protection (“CBP”) rules of origin (“Rules of Origin”).

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    Emergency Arbitration: A Legal Lifeline or a Paper Tiger?

    Introduction

    Emergency arbitration (“EA”) is a pre-cursory mechanism in the arbitration process that allows parties to seek urgent interim reliefs prior to the constitution of the arbitral tribunal. To invoke EA, the party invoking the process must establish that it would face irreparable harm if the protection/ measures sought in the EA are not granted before the constitution of the arbitral tribunal.

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    The Global Reckoning: How Copyright Lawsuits Are Defining AI’s Legal Boundaries

    Introduction

    Several authors of copyrighted books have filed class action lawsuits against major tech market players, alleging systematic copyright infringement. The allegations stem from tech companies’ unauthorised use of copyrighted content to develop large language models (“LLMs”), which provide these tech companies a competitive edge in the Artificial Intelligence (“AI”) market.

    Continue Reading The Global Reckoning: How Copyright Lawsuits Are Defining AI’s Legal Boundaries
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    Treatment of Recoveries from Avoidance Transactions under the Resolution Plan

    Introduction

    In a landmark decision[i] rendered on April 1, 2025, the Hon’ble Supreme Court held (“Supreme Court”)that the Hon’ble National Company Law Appellate Tribunal (“NCLAT”) transgressed its jurisdiction by interfering with the resolution plan clause pertaining to the treatment of recoveries from fraudulent and wrongful trading applications filed under Section 66 of the Insolvency and Bankruptcy Code, 2016 (“Code”) .

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    To modify or not - Supreme Court resolves quandary faced by 34 courts

    The Hon’ble Supreme Court of India, on 30 April 2025, in a landmark judgment in Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited,[1] addressed questions surrounding the power of courts to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (“Act”).

    Continue Reading To modify or not – Supreme Court resolves quandary faced by 34 courts
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    Supreme Court affirms arbitrators’ power to implead non-signatories: Another pro-arbitration ruling or a step too far?

    In Adavya Projects Pvt. Ltd. v M/s Vishal Structurals Pvt. Ltd.[1](“Judgment”), the Supreme Court of India (“Court”) has held that the arbitral tribunal has the power to implead parties to arbitration proceedings even where the said parties were neither issued an arbitration notice nor made party to court proceedings seeking appointment of arbitrators. The Judgment is significant because it holds that even if the claimant issues an arbitration notice to only one counterparty initially, it can subsequently include additional counterparties when filing its statement of claim before the arbitral tribunal. The Judgment reconciles the divergent views taken by the Delhi High Court[2] and the Bombay High Court[3] on the issue, but the implications for additional counterparties, who may be joined after the arbitral tribunal has been constituted, could be significant.

    Continue Reading Supreme Court affirms arbitrators’ power to implead non-signatories: Another pro-arbitration ruling or a step too far?
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    Expanding the Regulatory Framework: Deep dive into SEBI’s new AML/CFT guidelines

    INTRODUCTION

    The Securities and Exchange Board of India (‘SEBI’), through its Master Circular dated June 06, 2024, issued ‘Guidelines on Anti-Money Laundering (“AML”) Standards and Combating the Financing of Terrorism (“CFT”)/ Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002,’ (“Master Circular/2024 Guidelines”),[1] emphasising the need for stricter AML/ CFT measures in the securities market, given global efforts against drug trafficking, terrorism, and other serious crimes. The 2024 Guidelines supersede the SEBI AML/ CFT Guidelines of February 03, 2023 (“2023 Guidelines”),[2] strengthening the obligations of market intermediaries and aligning with international standards from the Financial Action Task Force (“FATF”).

    Continue Reading Expanding the Regulatory Framework: Deep dive into SEBI’s new AML/CFT guidelines