Understanding the Intersection of Insolvency and Arbitration Laws in the Indian Context
Article from: TDM 1 (2022), in Insolvency Proceedings and Arbitration
The fields of insolvency and arbitration laws continue to be at loggerheads in the absence of any internationally recognised instrument dealing with their interaction. With the jurisprudence of the insolvency law in India evolving after the enactment of the IBC in 2016, the authors seek to discuss the impact of the IBC on India seated arbitrations and suggest changes in the present system to harmonise the two fields. Part I discusses the issues which arise before the arbitral tribunals at the preliminary stage while dealing with the question of interaction. Part II provides a ...