January 2024

This paper starts with the theoretical source clause of RCEP’s “green development”, examines the preface and main text of RCEP, and analyzes its relationship with “intra generational fairness” from the “development orientation” and “green orientation” of RCEP’s “green development” clause. The analysis shows that the deficiencies in the value aspect have a significant impact on …

Research on the Value Pursuit of RCEP’s “Green Development” Clause Read More »

The concept of corporate restructuring may be primarily defined as the systemic alteration of corporate composition; entailing the “re-organization” of business activity [classified as principal revenue generation/operation; Investment (Portfolio-Holding) and Financing][i] in furtherance of the optimal fulfilment of organizational objectives (subject to the mitigation of extraneous and intrinsic cost- inclusive of ‘Agency Costs’). Corporate restructuring, …

Analyzing the Regulatory Arbitrage Potency of the Indian Corporate Restructuring Regime, in the Specific Context of Reverse Mergers from the Lens of Investor Protection Read More »

The primary modus of debt recovery by ‘Secured-Creditors’, in the jurisdiction of India, is subject to the legislative impetus of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), with the alternative/resultant:  initially direct (for secured-creditors) /appellate (for borrowers), recourse of Debt Recovery Tribunals and Debt Recovery …

The Inherent Futility of ‘Exceptional’ Debt Recovery Mechanisms Alternative to the SARFAESI, 2002: Such as the ‘OTS’ Scheme Due to Creditor Rights Primacy Read More »