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Arbitration Proceedings During the Moratorium Period Under IBC

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In arbitration, a dispute is resolved by one or more arbitrators who then provide a binding decision based on the parties' agreement. Rather than going to court, parties choose arbitration as a private method of resolving disputes out of court. An arbitrator receives a dispute from the parties, he then examines the details, hears both sides, and finally makes a decision. Arbitration clauses may be mandatory or optional, and the arbitrator's decision is binding. Disputes relating to private rights may be resolved through arbitration. It is much faster than traditional court proceedings and can be used to resolve both monetary and property disputes. About Insolvency Insolvency is defined as the inability of a person or business (the debtor) to repay their debts when they are due. There can be two forms of insolvency. First is cash-flow insolvency and the second is balance-sheet insolvency. A person or business is considered to be cash-flow insolvent if they have the asset...

Group Insolvency in India and the way Ahead

Insolvency and Bankruptcy Code 2016 (hereinafter ‘ IBC ’) became a revolutionary step by providing comprehensive, efficient and robust mechanism in resolving corporate distressed entities. The code not only focuses on reviving the company but also to pay off the creditors. However, IBC has still a long road to walk as there are certain areas which are left wide open and need to be visited by the law framers. Areas like Cross-border Insolvency which was untouched by the framers prior to Jet Airways case [1] but as the need arose, the legislature adopted UNCITRAL’s model laws on Cross Border Insolvency (Draft Part Z) [2] . One such area which has now presented itself before the framers is Group Insolvency. In this article the author would focus primarily upon the concept of Group Insolvency and the loopholes. It has been a practice that some companies form other subsidiaries to expand their business operations thereby forming a group structure or entities. These entities are connected...