Summary: Part I of this article examined the interplay between admiralty and insolvency law in India, particularly the effect of insolvency proceedings against a corporate debtor on in rem proceedings against its vessels. Part II turns to the conflict between in rem admiralty actions and in personam arbitration proceedings. It traces how Indian courts have
Summary: The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, brought much needed reform to India’s maritime legal framework. Though its coexistence with the Insolvency and Bankruptcy Code, 2016, and the Arbitration and Conciliation Act, 1996, has given rise to contentious jurisdictional issues that Indian courts continue to navigate. The article discusses judicial efforts to reconcile these legislative frameworks.
Continue Reading Navigating Legal Waters: Interplay between the Admiralty Act, Insolvency and Arbitration Regime of India – Part I