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Showing posts from January, 2023

Online Dispute Resolution: A New Frontier for Conflict Resolution

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Online dispute resolution (ODR) refers to the use of technology, specifically the internet, to facilitate the resolution of disputes between parties. It is a relatively new field that has grown in popularity in recent years, particularly due to the increase in online transactions and the convenience of resolving disputes remotely. ODR can take various forms, including mediation, arbitration, and negotiation, and can be used in a variety of contexts, such as consumer disputes, intellectual property disputes, and employment disputes. ODR is more accessible than traditional methods, particularly for parties who live in different countries or who have mobility issues. ODR allows parties to participate in the dispute resolution process remotely, using their own devices, rather than requiring them to travel to a physical location. This can make the process more convenient and less burdensome for parties, and can also help to reduce the costs associated with dispute resolution. ODR can al

Group Insolvency in India and the way Ahead

Insolvency and Bankruptcy Code 2016 (hereinafter ‘ IBC ’) became a revolutionary step by providing comprehensive, efficient and robust mechanism in resolving corporate distressed entities. The code not only focuses on reviving the company but also to pay off the creditors. However, IBC has still a long road to walk as there are certain areas which are left wide open and need to be visited by the law framers. Areas like Cross-border Insolvency which was untouched by the framers prior to Jet Airways case [1] but as the need arose, the legislature adopted UNCITRAL’s model laws on Cross Border Insolvency (Draft Part Z) [2] . One such area which has now presented itself before the framers is Group Insolvency. In this article the author would focus primarily upon the concept of Group Insolvency and the loopholes. It has been a practice that some companies form other subsidiaries to expand their business operations thereby forming a group structure or entities. These entities are connected

LITIGATION FINANCING: AN AID FOR MERGERS AND ACQUISITION

Litigation financing has emerged as a viable option for companies involved in mergers and acquisitions in India. This form of financing involves a third party, often a litigation financing company, providing financial support to a party involved in a legal dispute in exchange for a share of any monetary damages that may be awarded. In the context of mergers and acquisitions, litigation financing can be useful for both the acquiring and acquired company. The acquiring company may use litigation financing to fund any legal challenges that may arise during the acquisition process, such as shareholder disputes or regulatory hurdles. On the other hand, the acquired company may use litigation financing to level the playing field in negotiations with the acquiring company and ensure that its interests are protected. There are several benefits to using litigation financing in the context of mergers and acquisitions. First and foremost, it allows companies to fund costly legal proceedings wit