Here we discuss the mandate of pre-institution mediation provided under Section 12A of the Commercial Courts Act, 2015 in light of the recent Delhi High Court judgment of Aditya Birla Fashion v. Mrs. Saroj Tandon. The judgment has laid emphasis on following the mediation process before filing of a counterclaim in a commercial suit.

The recent decision of Delaware’s Chancery court invalidating the grant of performance stock options to Elon Musk awarded by the board of directors of Tesla has reemphasized the nature of duties entrusted with directors. The directors of a company are its trustees and agents as they are responsible for ensuring the viable, successful, and sustainable […]