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    General Newsletter, May 2025
    2025-05-08

    1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, White Collar Crime, DSK Legal, Corporate governance, Know your customer, Blockchain, Advertising, Fintech, Due diligence, Non-disclosure agreement, Tariffs, ESG, Litigation funding, Gaming, Cybersecurity, Anti-money laundering, Data privacy, Esports, Reserve Bank of India, Securities and Exchange Board of India, Unilever, Singapore International Arbitration Centre, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Rights of Persons with Disabilities Act 2016 (India), Supreme Court of India, Court of Arbitration for Sport
    Location:
    India
    Firm:
    DSK Legal
    Strengthening Ties: Singapore Leads The Way For Future Indian Insolvency Cases
    2025-05-07

    This is the story of the first Indian insolvency proceeding to be granted recognition by the Singapore Court under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”). This recognition, besides facilitating the challenging cross-border asset recovery, has also opened the doors for deeper insolvency cooperation between India and Singapore.

    Filed under:
    India, Singapore, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Know your customer, Tariffs, Insolvency, UNCITRAL, HSBC, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Kajal Bhatia
    Location:
    India, Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    No Safe Haven: Personal Insolvency cannot shield Cheque Dishonor Offenders
    2025-05-06

    In a recent ruling, the Supreme Court of India in Rakesh Bhanot v. Gurdas Agro Private Limited1 (with connected appeals) (collectively “Appeals”) clarified the scope of the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 (“Code”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan Legal Associates, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal, Financial services corporate
    Authors:
    Sanampreet Singh , Shivani Sharma
    Location:
    India
    Firm:
    Khaitan Legal Associates
    Interest claimed without agreement cannot be included in operational debt
    2025-05-02

    On April 16, 2025, a 3 (three) judge bench of the National Company Law Appellate Tribunal, New Delhi (“NCLAT”) in Shitanshu Bipin Vora vs. Shree Hari Yarns Pvt. Ltd. & Anr. held that clauses of unilateral interest in invoices without a formal agreement, cannot inflate claims of operational debt to meet the threshold of INR 1,00,00,000 (Indian Rupees one crore) under Section 4 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Varghese Thomas , Fatema Kachwalla , Virgil Braganza
    Location:
    India
    Firm:
    JSA
    The validity of post-insolvency transactions: interpreting Article 31(1) of the EU Regulation on Insolvency Proceedings
    2025-05-02

    On 27th March 2025, the Court of Justice of the European Union (“CJEU”) delivered a ruling in the case Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings vs. Auto1 European Cars BV (Case C‑186/24) concerning the interpretation of Article 31(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (the “Insolvency Regulation”).

    Filed under:
    Austria, European Union, Malta, Insolvency & Restructuring, Litigation, Ganado Advocates, European Parliament, European Council, Court of Justice of the European Union
    Authors:
    Francesca Vassallo
    Location:
    Austria, European Union, Malta
    Firm:
    Ganado Advocates
    Caution is key: automatic transfer of insolvency cases to central London County Court
    <br>
    2025-05-02

    It’s hard to write a pithy article about the transfer of proceedings from the High Court in London to the Central London County Court (CLCC), but given its wide-reaching implications I thought it was worth a try.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP
    Authors:
    Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    ‘Prior’ CCI Approval of Resolution Plans: A Case for Legislative Amendment
    2025-04-28

    Introduction

    The Supreme Court's recent judgement in Independent Sugar Corporation Ltd. v. Girish Sriram Juneja & Ors.[1] has reignited the debate in respect of the timing for Competition Commission of India (“CCI”) approval for resolution plans under the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    Filed under:
    India, Competition & Antitrust, Insolvency & Restructuring, Litigation, S&R Associates, Competition Commission of India, Insolvency and Bankruptcy Code (India)
    Authors:
    Rajat Sethi , Akanksha Agrahari
    Location:
    India
    Firm:
    S&R Associates
    저성과자 구조조정, 어떻게 실행해 나갈 것인가
    2025-04-28

    노동팀 뉴스레터 제11호 (03) 노동칼럼

    1. 들어가며

    저성장 위기 속에서 기업들은 다양한 방식으로 경영 악화를 타개하기 위해 노력한다. 근본적으로는 새로운 성장 동력 확보가 중요하겠지만, 비용 지출을 줄이기 위한 노력을 병행하는 경우가 많다. 그리고 인건비 절감 차원에서 저성과자를 중심으로 한 구조조정 방안은 언제나 빠지지 않고 논의되는 대책 중 하나다.

    2. 저성과자 해고(통상해고)는 여전히 까다롭다

    Filed under:
    South Korea, Employment & Labor, Insolvency & Restructuring, Litigation, Yulchon LLC
    Authors:
    Yeon Chang Song
    Location:
    South Korea
    Firm:
    Yulchon LLC
    Termination of Lease During CIRP and the Scope of Moratorium under Section 14 of IBC: A Legal Conundrum Revisited
    2025-04-25

    A recent judgment by the Hon’ble National Company Law Appellate Tribunal (NCLAT) has once again brought to light one of the many vulnerabilities in the Insolvency and Bankruptcy Code, 2016 (IBC/Code). The judgment primarily deals with the termination of a lease during the Corporate Insolvency Resolution Process (CIRP) and the effect of the moratorium under Section 14 of the IBC on leasehold properties.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Anhad Law, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Dhruv Gandhi , Deepam Rangwani
    Location:
    India
    Firm:
    Anhad Law
    Exemption from filing of certified copy of an order cannot be claimed as a matter of right and benefits under the Limitation Act are available only on an application for certified copy of the order.
    2025-04-24

    Introduction-

    Filed under:
    India, Insolvency & Restructuring, Litigation, Clasis Law, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Sidhant Pandita , Sanchita Chamoli
    Location:
    India
    Firm:
    Clasis Law

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