Tag: Insolvency
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The Role of Arbitration and Mediation in Insolvency
Introduction In this article, Shreyas Jayasimha, Punthi Shah and Tushar Tyagi analyze how Alternative Modes of Dispute Resolution have been gaining traction across the world as an apt alternative to litigation, including with particular reference to India. Insolvency proceedings in recent times have clashed with such alternative modes of dispute resolution, especially arbitration. In this…
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Shreyas Jayasimha speaks on cross-border insolvency for SMU masterclass
On 17 August, the Singapore Management University Law Academy will hold an Expert Masterclass on cross-border insolvency resolution between India and Singapore.
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Emergency arbitration in India: a problem of enforcement
Emergency arbitration has been in the spotlight in India recently through Indian low-cost airline Go Airline which is trying to enforce an emergency arbitration award against US engine manufacturer Pratt & Whitney. However, it seems that winning the award is not the end of the battle – the key challenge is enforcing it.
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Mr. Shibu Job Cheeran, Suspended Director of Corporate Debtor v. Mr. Ashok Velamur Seshadri, Liquidator of Archana Motors Limited
In Shibu Job Cheeran v. Mr. Ashok Velamur Seshadri, the National Company Law Appellate Tribunal observed that it must be proven that the former directors of the corporate debtor were aware of the company’s insolvency but continued to conduct business with ulterior motives in order to demonstrate the fraudulent purpose under Section 66 of the…
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India undertakes review of fast-track insolvencies
Smaller corporations often find the 270-day time frame required for a typical insolvency resolution process to be too long. The Bankruptcy Law Reform Committee determined that “there is merit in creating explicit provisions” for cases where the insolvency could be finished sooner.
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Latest developments in insolvency and bankruptcy in India
Go First Airlines Go First Airlines files for insolvency: On May 4, 2023, the NCLT Delhi reserves order on a request for an interim moratorium. On May 2, 2023, Nusli Wadia promoter of Go Air approached the Hon’ble National Company Law Tribunal (NCLT) and file petition seeking insolvency. A few years earlier, Jeh Wadia had been ousted because the airline was consistently losing money.…
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Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors.
In Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors., the Supreme Court of India has upheld the Companies Act 2013 provision that overrides payment of workers’ dues during Liquidation process under the Insolvency and Bankruptcy Code, 2016.
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How the collapse of Silicon Valley Bank will affect Indian companies
The news of the collapse of Silicon Valley Bank led to widespread speculation about the wider fate of banks amid fears of a contagion hastening a recession. There have been a lot of explanations for the meltdown at SVB. We attempt to break it down.
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Climate change and business solvency risk: An overview
Climate change has been at the forefront of most discussions over the past 5 years due to its impact on the environment and on people. However, we commonly overlook the effects of this change on businesses, their finances and solvency. The above entails the “physical risks” caused by climate change on the financial stability of…