Recent Developments
Impact of recent judgment of Honourable Supreme Court of India dated October 4, 2018
Section 29A of the Insolvency and Bankruptcy Code, 2016 (“the Code”) has emerged as one of the key statutes in determining the eligibility of Resolution Applicants in the Corporate Insolvency Resolution Process (“CIRP”). The Code, in its original form had not incorporated any provisions to prevent defaulting promoters from buying-back the corporate debtor, which could occur potentially at steep discounts. Subsequently, through an amendment to the Code, Section 29A was inserted with retrospective effect from November 23, 2017.
A second amendment to the Code, effective from June 6, 2018, included amendments to Section 29A. Regulation 36A(8) of the CIRP Regulations, among other things, requires the Resolution Professional to conduct due diligence of the prospective Resolution Applicants under the provisions of Section 29A.
The most recent Judgment dated October 4, 2018 of the Honourable Supreme Court of India, explains and reinstates the importance of conducting a thorough due diligence under Section 29A. As noted by the Honourable Supreme Court of India, “great care must be taken to ensure that persons who are in-charge of the corporate debtor, for whom such resolution plan is made, do not come back in some other form to regain control of the company without first paying off its debts.” The Supreme Court judgment also asserts that the Resolution Professional needs to confirm that a resolution plan, among other things, does not contravene the provisions of Section 29A.
Click here to read the full report.
Experts on the Stand: Brazilian Arbitration Between Judicial Tradition and International Practice
April 30, 2026
In this article, Managing Directors Leonardo Florencio and Rodrigo Mattos analyze why expert evidence in Brazilian arbitration often departs from international best practices, how excessive reliance on tribunal-appointed experts increases cost and delay, and what the ICC Brazil Task Force recommends to improve efficiency and credibility.
Content Compliance and Digital Content Diligence (NSFW and Platform Risks)
April 29, 2026
In this article, Managing Director Rahul Gosain and Director Vikesh Bhartee examine why content compliance and digital content diligence have become transaction-critical in digital media investments, how gaps around NSFW content, licensing, and moderation create regulatory and valuation risk, and what investors should assess before those risks surface post-close.
Complex Mass Tort Settlement Administration: Core Principles
April 28, 2026
The first installment in the Complex Mass Tort Settlements Series, this introductory article outlines the core principles behind effective mass tort settlement administration. It explains why these foundational practices remain essential as programs grow more complex and technology‑driven.
Greece: a regulatory compliance and corporate governance checklist for investors and boards in 2026
April 23, 2026
In recent years, Greece has introduced a series of new laws and regulatory amendments that have, collectively, raised the bar for governance maturity in the country. This has been driven both by domestic priorities and by local implementation of stricter EU level directives in areas such as anti-bribery and anti-corruption, anti-money laundering (AML) and sanctions.
