Business Transfer Agreement

Impact of Business Transfers on Continuity of Prequalification Credentials

Summary: This article examines the impact of business transfers on pre-qualification credentials, including the interpretation by various courts on the position of their transfer in case of business transfers through a scheme of arrangement or through a slump sale of an undertaking, and discusses the important factors required to ensure successful transfer of pre-qualification credentials.Continue Reading Impact of Business Transfers on Continuity of Prequalification Credentials

Supreme Court Revisits the Venue – Seat Issue 

Introduction:

A division bench of the Supreme Court in M/s Inox Renewables Ltd. v. Jayesh Electricals Ltd.[1] has recently reiterated the decision in BSG SGS SOMA JV vs. NHPC Limited[2], equating the juridical concepts of seat and venue. In this regard, the Court has clarified that a shift in venue by mutual agreement between the parties would be tantamount to a shifting of the place/ seat of arbitration.
Continue Reading Supreme Court Revisits the Venue – Seat Issue