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    LawPickle - Monthly Litigation Bulletin [February '25]
    2025-07-03

    TOPICAL UPDATES : TO IP AND BEYOND

    SNAPSHOTS

    KERALA HIGH COURT

    SREEKUMAR AV V. STATE OF KERALA & ANR.                

    Filed under:
    India, Arbitration & ADR, Copyrights, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Trademarks, Saikrishna & Associates, Electric vehicle, Force majeure
    Location:
    India
    Firm:
    Saikrishna & Associates
    When Indonesian Counterparties Falter: Legal Remedies for Foreign Investors
    2025-07-01

    Indonesia’s growing economy offers a wealth of opportunities for foreign investors. Nonetheless, as in any jurisdiction, investors should obtain proper advice before entering commercial engagements with local counterparties.

    Filed under:
    Indonesia, Arbitration & ADR, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, SSEK Law Firm, Due diligence, Insolvency
    Authors:
    Mahareksha S. Dillon , Nico A. P. Mooduto
    Location:
    Indonesia
    Firm:
    SSEK Law Firm
    INSOLVENCY | SPECIAL SITUATIONS Recent Developments in the Law on Transactions at an Undervalue
    2025-07-01

    Investors or companies may, as part of their wider investment thesis or business plan, make distressed asset purchases to strategically acquire assets which they may otherwise not be able to conveniently or affordably obtain. While the face value of the asset purchased may be lower than that acquired in a “solvent” transaction, purchasers should be aware that such acquisitions carry a heavy tail liability risk, which may take the form of a potential clawback as a transaction at an undervalue.

    Filed under:
    Singapore, United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Insolvency, Insolvency Act 1986 (UK), UK Supreme Court
    Authors:
    HO Soon Keon , Muhammed Ismail NOORDIN
    Location:
    Singapore, United Kingdom
    Firm:
    WongPartnership – Restructuring & Insolvency
    Examining the Effectiveness of Keepwell Agreements in Cross-Border Financing: Insights from the Latest Judgment of the Hong Kong Court of Final Appeal
    2025-06-30

    Introduction

    Filed under:
    China, Hong Kong, Banking, Insolvency & Restructuring, Litigation, Beijing Jincheng Tongda & Neal, Court of Final Appeal (Hong Kong), Financial services
    Authors:
    Yang Hua
    Location:
    China, Hong Kong
    Firm:
    Beijing Jincheng Tongda & Neal
    Federal Court of Australia Upholds India’s State Immunity Claim, Narrowing Scope of Enforcement Under the New York Convention
    2025-06-30

    Introduction

    Filed under:
    Australia, Canada, Hong Kong, India, Singapore, United Kingdom, USA, England, Banking, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporate governance, Bankruptcy, Dispute resolution, Financial services, Corporations Act 2001 (Australia), International Arbitration Act 1974 (Australia), Federal Court of Australia
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, India, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Insolvency and the Arbitration Agreement - Diving into Aryan (SEA) Private Limited v Pure Group (Singapore) Pte Ltd
    2025-06-30

    Introduction

    The intersection of the arbitration and insolvency regimes has once again come under judicial scrutiny. In Aryan (SEA) Private Limited v Pure Group (Singapore) Pte Ltd [2025] SGHC 99 (Aryan), the General Division of the High Court of Singapore (GD) considered whether an application to restrain a winding-up petition raised a dispute that prima facie fell within the scope of an arbitration agreement, or whether the application amounted to an abuse of process.

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Insolvency, Singapore International Arbitration Centre
    Authors:
    Adnaan Noor , Eden Li
    Location:
    Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    Apex court in Singapore clarifies law on transactions at undervalue
    2025-06-25

    Key takeaways

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Reed Smith LLP, Insolvency
    Authors:
    Johnny Lim
    Location:
    Singapore
    Firm:
    Resource Law in association with Reed Smith LLP
    Analyzing the Interplay Between PMLA and IBC: Supreme Court’s Perspective on Section 32A and Property Protection for Corporate Debtors
    2025-06-24

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, White Collar Crime, Kings & Alliance LLP, Anti-money laundering, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Kings & Alliance LLP
    Property Attachments under the MPID Act are not barred by the IBC Moratorium
    2025-06-24

    The Supreme Court in the matter of National Spot Exchange Ltd. v. Union of India and Ors. ruled that the moratorium under IBC does not prohibit attachment of properties under the MPID Act3. The bench of Justices Bela M Trivedi and Satish Chandra Sharma was addressing a case stemming from the 2013 NSEL4 scam. In this, commodity exchange platform NSEL defaulted on ₹5,600 crores in payments to approximately 13,000 traders.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Kings & Alliance LLP, Supreme Court of India
    Authors:
    Khushboo Saraf
    Location:
    India
    Firm:
    Kings & Alliance LLP
    How SC’s Rejection of JSW’s Resolution Plan for Bhushan Steel Redefines Stakeholders’ Accountability and IBC Sanctity?
    2025-06-24

    The recent pronouncement by the Supreme Court in Kalyani Transco v. Bhushan Power and Steel Ltd & Ors serves as a stark reminder of the sanctity of IBC, and the perils of procedural laxity and opportunistic manoeuvring. The Apex court not only disapproved of the powers of NCLAT to judicial review over the decision taken by ED under PMLA but also delivered a scathing critique of the entire CIRP of BPSL, ultimately leading to the rejection of JSW Steel’s resolution plan and an order for liquidation.

    Filed under:
    India, Compliance Management, Insolvency & Restructuring, Litigation, Kings & Alliance LLP, National Company Law Tribunal
    Authors:
    Khushboo Saraf
    Location:
    India
    Firm:
    Kings & Alliance LLP

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