Since the enactment of the Insolvency and Bankruptcy Code, the role of the Committee of Creditors (CoC) has become central to the resolution process. Empowered with significant autonomy and entrusted with the exercise...
Greenwashing: A Game of Deceiving the Green Consumers – By Aryan Dash & Rishita Sinha
The intricate relationship between corporate governance and greenwashing, driven by self-interest, has led to deceptive practices, compromising the credibility of Environmental, Social, and Governance (ESG) reporting...
Decoding Digital Dollars: A Cross – Continental Analysis of Cryptocurrency’s and Financial Systems in India and The United States of America (USA) – By Vansh Lalwani
Cryptocurrency stands as a profound development of the 21st century, reshaping the financial landscape and posing unique regulatory challenges. With its unregulated allure, cryptocurrencies have swiftly become a force...
The IBC’s Debt Classification Tightrope: Navigating the Divide with Recent Judgments – By Vanshika Srivastava & Ayushi Inani
India’s insolvency regime is evolving, and the IBC continues to undergo changes. Clear distinctions between financial and operational debts are fundamental for effective insolvency resolution. The Supreme Court’s...
Director liability during financial distress- An interplay of the IBC, 2016 and the Companies Act, 2013 – By Dimpal Khotele
Director liability during financial distress- An interplay of the IBC, 2016 and the Companies Act, 2013 Dimpal Khotele 4th Year BBA LL.B(H), Amity Law School, Amity University, Chhattisgarh Directors have fiduciary...
Corporate Compliance in the Age of AI Regulation – Divyanshu Divyam
AI continues to evolve, so too will the regulatory landscape. For corporations, staying compliant requires ongoing vigilance, adaptability, and a commitment to ethical AI practices. By developing robust compliance...
An analysis into the case for a Dedicated Tribunal for insolvency matters in India – By Saurav Singh & Kanishka Agrawal
The evolution and implementation of the Insolvency and Bankruptcy Code, 2016 in India, marked by the establishment of the National Company Law Tribunal as the adjudicating authority for corporate insolvency, have been...
Case Comment on Vidarbha Industries Power Limited Vs. Axis Bank Limited, (2022) – Mahima Jayan
The Vidarbha case is critically analyzed as it goes against the objective of IBC to apply a cash flow trigger method of insolvency and adopted a position similar to that courts took prior to the IBC era which led us to...
Analysing Debt Financing in India: A Path to Corporate Insolvency? – Siddhant Saroj
Debt financing has increased in India, but at only 25% of total investing. This financial strategy, which involves borrowing funds rather than raising capital through equity, has inherent advantages that make it...
Whether Operational Debt constitutes lease rent, falling within the purview of Section 9 of the Insolvency and Bankruptcy Code. – By Sonal Shambhavi
Whether Operational Debt constitutes lease rent, falling within the purview of Section 9 of the Insolvency and Bankruptcy Code. Sonal Shambhavi 5th Year B.A., LL.B (H), Chanakya National Law University, Patna The...
Right to Claim Set-off under IBC in light of Bharti Airtel Ltd. – By Owais S. Khan
Bharti Airtel Judgement is surely yet another feather in the cap in the ever evolving landscape of IBC Jurisprudence. The Judgement upholds the inherent fact that during CIRP, it is the Promotion and protection of the...
Eligibility of an Ex-promoter or Director to submit a resolution plan – Kantabathina Jaswanth Reddy
While Section 29A imposes significant restrictions, it does not blanketly exclude all promoters or former directors from the resolution process. Each case must be assessed individually against the criteria in Section...
Comparative Study of ‘Debtor in Possession Model’ under the Pre- packaged Insolvency – By Devyanshi Gupta
The pre-packaged insolvency process in India is a novel concept and it is necessary to make consistent improvements in its framework to ensure effective outcomes and to instill trust within stakeholders, along with...
Unraveling the Impact of MSMEs on Arbitration: A Comprehensive Analysis – By Abhishek Bhushan Singh
The interaction between the Arbitration and Conciliation Act, 1996 and the MSMED Act, 2006 underscores our complicated legal system, especially when it comes to the resolution of commercial disputes outside the court...
Navigating Ineligibility: An Examination Of Section 29A In The Insolvency And Bankruptcy Code, 2016 – By Adhya Gupta
The stipulations outlined in Section 29A have presented significant obstacles for promoters seeking to maintain ownership and control of their businesses even after defaulting on creditor payments, leading to the...
B.K. Educational Services Private Limited Vs Parag Gupta And Associates – By Abhishek Kumar
The purpose of the law, which guaranteed that only rightful and timely claims are brought forward for appropriate settlement, was upheld. Additionally, the verdict struck a balance between the interests of the debtors...
Unveiling Injustice: Pre-Deposit Clauses in Arbitration Agreements – By Vedant Mishra
The huge difference in bargaining power between big and small businesses during the contract negotiations cannot be overlooked. It is vital to treat pre-arbitral deposits as optional in order to make sure that all...
Revamping Antitrust for Digital Ecosystem: Towards a New Regulatory Paradigm – Shivam Saurabh
The competitive environment has undergone a significant transformation as a result of the digital revolution, especially in the dynamic realm of online ecosystems. Conventional antitrust laws, which were developed in a...
From Text to Intent: Evaluating Statutory Interpretation in STO v Rainbow Papers – By Dhruv Kohli and Sanya Singh
A prospective resolution applicant would now have to duly consider even government dues and the ambit of the term security interest which the parliament had restricted now stands vastly expanded. Reconsideration of the...
Impact of Corporate Insolvency Resolution Proceedings on Transitional Credits under GST: A Legal Analysis – By Devashish Jain
The ESL Steel case marks a significant chapter in understanding how GST and insolvency laws intersect, especially regarding transitional credits during CIRP. While the court's adoption of the clean slate theory aims...
Exploring the current state of undecided claims under the IBC – Aparana Sharan
The UNCITRAL Legislative Guide on Insolvency Law acknowledges the clean slate approach, emphasising the evaluation of successful insolvency resolution in terms of commercial certainty and simplicity. In this context...
Simplifying the off-ramp for entrepreneurs when it is time to close shop: In the light of Sec 271(a) of the Companies Act vs Section 10 of the IBC 2016 – By Adv. K. Senguttuvan, Adv. Sneha Tiwari and Adv. Himani Gill
The manner of recourse chosen is determined by variables such as eligibility, solvency, the company's asset-liability situation, and the level of judicial intervention, which varies depending on the circumstances and...
Life of a Resolution Plan – Formulation to Implementation – By Owais Khan
Life of a Resolution Plan – Formulation to Implementation Owais Khan LL.B- Government Law College, Mumbai Resolution Plan (RP) constitutes a very imperative document for a Corporate Debtor (CD) under the Insolvency and...
Transforming Insolvency: The Promise of Mediation in India’s Bankruptcy Landscape – By Lakshya Sharma
Transforming Insolvency: The Promise of Mediation in India’s Bankruptcy Landscape Lakshya Sharma 4th Year, B.A. LL.B. (Corporate law) at School of Law UPES, Dehradun Introduction Background of Insolvency and...
Arbitrability of Notional Claims: Dilemma for Creditors? – By Vishesh Gupta
According to clean slate theory, once the resolution plan is passed, all the claims against the corporate debtor are extinguished, and the resolution applicant gets a fresh start. The Delhi High Court in IOCL v. Arcelor...
Redevelopment Projects under Moratorium – Refuge for Developers? – By Owais Khan
Redevelopment Projects under Moratorium – Refuge for Developers? Owais Khan LL.B- Government Law College, Mumbai A Moratorium constitutes a very important element within the framework of Corporate Insolvency Resolution...
A Checkmate to the Guarantor’s Gambit? – Divya Sree Kamana
A Checkmate to the Guarantor’s Gambit? Divya Sree Kamana Final Year B.A. LL.B, Damodaram Sanjivayya National Law University Consider a scenario where an individual assumes responsibility for covering a...
Restoring Homebuyer Confidence via Regulation 46-A: A Flawed Truce? – By Yadu Krishna and Anjana O.C.
The IBC is a beneficial legislation that is aimed at putting the company back on its feet rather than being mere recovery legislation for the creditors. Such an effort to recoup the company requires adequately tending...
Insolvency Professional: A SWOT Analysis – By Paridhi Agrawal
The process of resolving the issues faced by JPCL proved to be quite arduous and intricate. The task at hand was to find a solution for a hydro power asset that was only halfway completed, but required a significant...
Economic Analysis of Insolvency Resolution Plans: A Framework for Preserving Competition and Ensuring Viability – By Arihant Sethia and Neha Bhambhani
The interplay between merger, competition, and insolvency laws underlines the importance of creating a balance between restructuring of distressed firms and competition rules. Economic analyses suggest that merging...