Corporate Insolvency and the Need for an Interim Moratorium in India
*Anupam Verma & Jay Kothari The Insolvency & Bankruptcy Code, 2016 (“Code”) has sought to introduce a self-sufficient code to strengthen...
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2020
Nov 9, 20206 min read
NCLAT's Ruling in Kundan Care Case: Resolution Applicant in a Quandary
*Paridhi Jain The Insolvency and Bankruptcy Code, 2016 (“Code”) provides an opportunity to rescue insolvent, but viable companies through...
Nov 4, 20205 min read
NCLAT's Ping-Pong on Appropriation of Margin Money During Moratorium
*Aridaman Raghav & Apoorva Son i In a recent judgment of Indian Overseas Bank v. Arvind Kumar, RP , the National Company Law Appellate...
Oct 25, 20207 min read
Contemporary Contours of Ipso Facto Clauses in India Under Insolvency and Bankruptcy Law
*Pranay Jaiswal Introduction Commercial contracts generally incorporate a principle which states that when a party to the contract is...
Oct 23, 20206 min read
The Insolvency and Bankruptcy Code (Amendment) Act, 2020: Unjust Discrimination Against Homebuyers
*Hitesh Nagpal Introduction The Insolvency and Bankruptcy Code (Amendment) Act, 2020 (“ 2020 Amendment” ) which came into force on 13th...
Oct 17, 20207 min read
Arbitrability of Pre-Existing Disputes Under IBC and the Curious Case of Indus Biotech
*Sambhawi Sanghmitra and Ankit Yadav INTRODUCTION The Insolvency and Bankruptcy Code, 2016 ( “IBC” ) and the Arbitration and...
Oct 3, 20207 min read
Jurisdictional Debate: Debt Recovery Tribunal and Arbitration Tribunal
*Anant Singh & Pooja Singh Introduction to the long-standing confusion Arbitration tribunals have gathered much attention after various...
Oct 3, 20204 min read
Default Record Under the Insolvency and Bankruptcy Code: Recent Changes
*Aparna R The Insolvency and Bankruptcy Code, 2016 ( “Code” ) mandates the Financial creditor ( “FC” ) to submit the default record under...
Sep 12, 20205 min read
Issue of Adjudicating Undecided Claims Under CIRP
It would be fair to call the Corporate Insolvency Resolution Process (“ CIRP ”) the bedrock of the Insolvency and Bankruptcy Code, 2016 ...
Sep 12, 20206 min read
Need for Institutional Framework for Valuation Profession
The maximisation of the value of assets of corporate debtors has always been the central theme of the Insolvency and Bankruptcy Code,...
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