Bankruptcy tourism is a phenomenon that involves MNCs moving to another favourable jurisdiction and filing bankruptcy there by proving the COMI. This also facilitates forum shopping. COMI was first used in the UNCITRAL Model Law on Cross Border Insolvency. When MNCs opt for forum shopping in a foreign country, there is great amount of economic…
“Judicial review of legislative actions with respect to socio-economic rights has attracted intriguing debate among the constitutional law and political science scholars for some time now”. But time and again the judiciary has taken the liberty to comment upon numerous policies enacted by the legislature.This is evident in Anuradha Bhasin vs Union of India and Puttaswamy judgement.This review implies the power…
Since, the era of White industries case,the there have been enumerous instances where parties to arbitration preferred ad hoc arbitration over institutional and thereby led to greater expansion of the former over the latter.“Ad-hoc arbitration is considered less expensive than institutional arbitration, as the parties only pay fees of the arbitrators, lawyer’s fees, and the…
Section 11 of the code of Civil Procedure, 1908, embodies the rule of res judicata or the rule of conclusiveness of the judgment, as to the points decided either of facts, or of law, or of facts and law, in every subsequent suit between the same parties. It enacts that once a matter is finally decided by…
“ “For the purposes of pre institution mediation, the Authorities constituted under the Legal Services Authorities Act, 1987” may be authorized. Such Authorities are required to whole the manner of mediation inside a period of three months from the date of utility made via the plaintiff. The period of three months, however, may additionally be prolonged via a…
The corona virus outbreak which started with its spread in certain regions of China, gradually reached out to Europe, the Americas, Asian sub continent and to other parts across the globe by March’20 and the WHO termed it as a “pandemic”. It was by the mid of April that almost the whole world was at…
Bias manifests itself variously and affects a decision in a variety of ways. It can broadly be classified into six categories. We shall be dealing with each kind in detail in this particular article:1.Personal Bias:It arises out of the personal or professional relationship of friendship or hostility between the authority and the parties. Its the human…
Framework The writing of the most recent decade subtleties how companies have acquired a significant increase in experience by extending their activities in abroad business sectors. Albeit countless these multinationals (MNCs) have differentiated into worldwide business sectors, because of the collapse in advanced economies; these companies have now like never before launched an immense push…
The idea of state capture is generally associated with economies in transition, however it is possible to reach a different perspective that the concept may apply to various other kinds of countries which are in different stages of development.Animus Dominandi meaning lust for power or control is the supreme driving force behind the formation of…
“Of all tyrannies a country can suffer the worst is the tyranny of the majority” – William Inge In corporate world, all democratic choices and control of a organization are made with the majority rule that is deemed to be truthful and justified. The majority rule of decision making, quite often than not overlooks the…
