insolvency law

Navigating Legal Waters: Interplay between the Admiralty Act, Insolvency and Arbitration Regime of India - Part I

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.

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Beyond Approval: Decoding The Committee of Creditors’ Continuing Role Under the IBC

Summary: The article addresses a critical unanswered question in Indian insolvency law: whether the Committee of Creditors (CoC) becomes functus officio after NCLT approval of a resolution plan under Section 31 of the IBC, a question with significant academic and practical implications. Through harmonious interpretation of existing provisions, the authors argue that the CoC remains in existence until the Supreme Court finally decides on any questions pertaining to the resolution plan, as the corporate insolvency resolution process continues through the appellate hierarchy. However, while inferential support exists for this position, urgent legislative intervention is needed to provide an explicit statutory framework defining the CoC’s post-approval powers and to eliminate the current legal uncertainty.

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