Impact of PMLA Attachments on Secured Creditors
For secured creditors, the value of security has traditionally rested on a straightforward proposition: if a borrower defaults, the lender should be able to enforce its security and recover its dues. The Prevention of Money Laundering Act, 2002 (PMLA) complicates that proposition. Where the Enforcement Directorate attaches an asset under the PMLA, a secured creditor […]
The Misuse Debate: Is the IBC Becoming India’s Fastest Debt Recovery Tool?
India’s Insolvency and Bankruptcy Code, 2016 (IBC) was designed around a fundamental idea: insolvency law should rescue viable businesses, maximise value and provide a structured process for dealing with financial distress. Yet, a different use of the Code has increasingly come into focus. Creditors, particularly operational creditors, sometimes invoke insolvency proceedings not because a company […]
How India’s 2026 Insolvency Reforms Are Reshaping Corporate Rescue Strategy
India’s insolvency framework is entering a different phase. When the Insolvency and Bankruptcy Code, 2016 (IBC) was introduced, its central promise was speed, certainty and value maximisation. A decade later, the nature of the problem has changed. Indian businesses have become more complex, corporate groups increasingly operate across jurisdictions, financing structures have become more sophisticated, […]
How Businesses Must Prepare for Criminal Investigations in the Digital Economy
Businesses today generate more digital information than ever before. Contracts are negotiated over email, approvals are exchanged through messaging platforms, customer information is stored in cloud environments, and financial transactions leave behind detailed electronic trails. Every interaction, whether routine or significant, contributes to a growing body of digital records. This transformation has fundamentally changed the […]
AI-Powered Due Diligence: Faster Transactions, Smarter Risk or Dangerous Overreliance?
Due diligence has always been one of the most time-consuming stages of any transaction. Whether it involves a merger, acquisition, investment, joint venture, or strategic partnership, legal teams often spend weeks reviewing contracts, corporate records, regulatory filings, litigation history, licences, and compliance documents before advising their clients. Artificial intelligence is beginning to change that process. […]
RBI Digital Lending Guidelines: What Fintech Companies Must Know
India’s digital lending sector has changed the way individuals and businesses access credit. Mobile applications, digital onboarding, instant approvals, and paperless documentation have made borrowing faster than ever. Alongside this growth, however, concerns around customer protection, data privacy, unfair recovery practices, and opaque lending arrangements have also come to the forefront. Recognising these risks, the […]
Cross-Border Insolvency in India: Is the UNCITRAL Model Law Finally Within Reach?
As businesses expand across jurisdictions, financial distress rarely remains confined to one country. A company may be incorporated in India, hold assets in Singapore, borrow from lenders in London, and operate subsidiaries across the Middle East. When such a business becomes insolvent, the legal questions extend far beyond domestic insolvency proceedings. Which country’s court should […]
Emergency Arbitration in India: Fast Relief, Slow Enforcement?
When a business dispute turns urgent, waiting months for an arbitral tribunal to be constituted is rarely an option. Assets may be transferred, confidential information could be disclosed, contractual obligations might be breached, or business relationships may suffer irreversible damage. In such situations, parties often need immediate legal protection. This is where emergency arbitration has […]
Is India Moving Towards No-Fault Divorce? Judicial Trends Around Irretrievable Breakdown of Marriage
Marriage has traditionally been viewed by Indian law as more than just a contract between two individuals. It is recognised as a social institution, one that carries legal rights, responsibilities, and, in many cases, cultural expectations. Because of this, Indian divorce laws have historically required one spouse to prove a specific legal ground before a […]
The End of Reactive Compliance: How Companies are Building Predictive Legal Risk Systems
For decades, corporate compliance largely operated as a defensive function. Legal and compliance teams were expected to respond to regulatory changes, investigate breaches after they occurred, conduct periodic audits, and maintain extensive policy checklists intended to reduce exposure. While this reactive model served organisations reasonably well in slower regulatory environments, it is increasingly proving inadequate […]