Dispute Resolution Hotline
June 18, 2021
The Arbitration and Insolvency Collision: the Indian Perspective

 

 

This article first appeared on the website of the Arbitration Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

SUMMARY

Alipak Banerjee and Payel Chatterjee of Nishith Desai Associates in their recent article titled “The Arbitration and Insolvency Collision: the Indian Perspective” examine the interplay of arbitration and insolvency laws. The article analyses the operation of the moratorium under the Insolvency and Bankruptcy Code, 2016 on the pending or fresh arbitral proceedings, the ability of the parties to the arbitration proceedings to participate in the insolvency resolution process, the treatment accorded to pending claims in the resolution plan, the impact of insolvency proceedings on enforcement actions, and finally, whether an arbitral award can be used as a credit to commence insolvency proceedings.

For complete article, please click here.

 

– Alipak Banerjee & Payel Chatterjee

You can direct your queries or comments to the authors

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

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Dispute Resolution Hotline

June 18, 2021

The Arbitration and Insolvency Collision: the Indian Perspective

 

 

This article first appeared on the website of the Arbitration Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

SUMMARY

Alipak Banerjee and Payel Chatterjee of Nishith Desai Associates in their recent article titled “The Arbitration and Insolvency Collision: the Indian Perspective” examine the interplay of arbitration and insolvency laws. The article analyses the operation of the moratorium under the Insolvency and Bankruptcy Code, 2016 on the pending or fresh arbitral proceedings, the ability of the parties to the arbitration proceedings to participate in the insolvency resolution process, the treatment accorded to pending claims in the resolution plan, the impact of insolvency proceedings on enforcement actions, and finally, whether an arbitral award can be used as a credit to commence insolvency proceedings.

For complete article, please click here.

 

– Alipak Banerjee & Payel Chatterjee

You can direct your queries or comments to the authors

Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.

NDA Connect

Connect with us at events, 
conferences and seminars.