NDA Series on Insolvency and Bankruptcy Code: Recent Jurisprudence, Issues and Proposed Amendments – Part III

Thursday, May 24, 2018

SESSION: 4:00 PM - 5:30 PM (IST)

INTRODUCTION

In the second of the series of webinars on the Insolvency and Bankruptcy Code, 2016 (“Code”), the panel interpreted key issues such as liquidation value and fair value, decision making by committee of creditors and whether there should be a dilution of the requirement for decisions to be taken by a super majority, and the timeline for submission of a bid and whether a bid can be revised after submission.

A link to the webinar is available here

We cordially invite you to be a part of the third interactive webinar on May 24, 2018 to discuss recent judgments and likely changes to the Code.

Focus Area

Some of the judgements that will be interpreted are:

  1. The NCLT’s order in the Binani Cement insolvency to consider Ultra Tech’s revised bid after Dalmia Bharat had been declared as the successful bidder. Further, the possibility of having an arrangement outside the NCLT, when another bidder has been declared successful will be discussed.
  2. The NCLT’s order in the Bhushan Steel insolvency to consider the Liberty House bid although it was submitted after the deadline of the resolution professional.
  3. The NCLT’s order in Essar Steel insolvency for the bidders to clear their debts in defaulting companies where they hold stake prior to bidding for Essar Steel and the appeals filed before the NCLAT. In light of this, the applicability of Section 29A of the Code for eligible bids will also be discussed.

Flow of the session

4:00 PM – 5:15 PM (IST):

Panel Discussion

5:15 PM – 5:30 PM (IST):

Q & A

Speakers

MEMBERS, INSOLVENCY AND BANKRUPTCY LAW TEAM, NISHITH DESAI ASSOCIATES

VYAPAK DESAI

Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Vyapak Desai leads the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. Vyapak is also a Senior Attorney in the Corporate and Securities Practice group at the firm. Vyapak is a Co-chair- Council of MCIA, Director of CIArb India Branch. He is listed on SIAC Panel of Arbitrators, LCIA Database of Arbitrators and BVI IAC Panel of Arbitrators.

SIMONE REIS

Leader, Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Simone is the Co-Head of Mergers & Acquisitions practice and Corporate Governance practice at the firm. Simone’s practice focuses on mergers and acquisitions, private equity and venture capital investments, domestic and international, and has advised a wide spectrum of clients, across several sectors.

KARAN KALRA

Leader, Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Karan is a senior member of the M&A and Private Equity practices at Nishith Desai Associates. He also co-heads the firm’s banking finance practice. Karan focuses largely on domestic and cross border M&As, fund investments, structured finance transactions and on providing regulatory and general corporate advice.

ASHISH KABRA

Leader, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Ashish is a senior member of the International Litigation & Dispute Resolution team. He focusses on cross border commercial disputes and has successfully represented clients across various forums including domestic and foreign arbitrations, High Court, Supreme Court, Company Law Tribunal etc. He specializes in advising investors and joint venture partners in contentious situations and is particularly adept in managing shareholders disputes.

ARJUN GUPTA

Member, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Arjun Gupta is a Member of the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. He represents clients in a wide-range of services with a special focus on cutting edge cross-border and complex litigations and international commercial arbitrations. He is also an integral member of the Insolvency and bankruptcy practice.

ABHINAV HARLALKA

Member, Private Equity & Mergers & Acquisitions

Nishith Desai Associates

Abhinav Harlalka is a senior member of the Mergers & Acquisitions and Private Equity Practice at Nishith Desai Associates. He advises domestic and global private equity funds in private equity and private debt investments.

MOHAMMAD kAMRAN

Member, International Litigation & Dispute Resolution Practice

Nishith Desai Associates

Kamran is a Member of the International Litigation & Dispute Resolution Practice at Nishith Desai Associates. He focuses on commercial arbitrations and cross-border litigations and has worked in a range of sectors and industries such as private equity, mergers and acquisitions, IT, pharmaceuticals, banking and finance. He is also an integral member of the Insolvency and bankruptcy practice at the Firm.