NDA Series on Insolvency and Bankruptcy Code: Part IV - Analysis of Ordinance 2018 amending the Code and what next?

Thursday, June 14, 2018

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

INTRODUCTION

In the third of the series of webinars on the Insolvency and Bankruptcy Code, 2016 (“Code”), the panel discussed the judgments pronounced in the insolvency proceedings of Binani Cement, Essar Steel and Bhushan Steel and the impact and ramifications of the same on the interpretation of key issues under the Code.

A link to the webinar is available here.

We cordially invite you to be a part of the fourth interactive webinar on June 14, 2018 to discuss the scope and impact of the recent ordinance passed to amend the Code.

Focus Area

There was a need to balance the interest of various stakeholders under the Code. Further, there was a need to ensure that corporate entities were not being pushed towards liquidation where there was a possibility of resolution/restructuring. Also, the eligibility criteria of prospective bidders/resolution applicants was under a lot of debate as it was felt that a lot of important and creditworthy entities were being deemed to be ineligible under Code thereby reducing the possibility of resolution. In order to rectify the situation the Insolvency Law Committee had provided their recommendations for possible amendments to the Code.

It is required to be analyzed whether the amendments being made to the Code through this Ordinance follows the recommendations of the Committee and to what extent. It will also be analyzed whether any changes to the text of the Ordinance could prove beneficial before the same is adopted by the Parliament.

Flow of the session

4:00 PM – 4:45 PM (IST):

Panel Discussion

4:45 PM – 5:00 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.