Insolvency Law in India | Anupam Kumar Mishra By Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Insolvency and bankruptcy proceedings involve significant financial and legal consequences for companies, creditors and other stakeholders. The Insolvency and Bankruptcy Code, 2016 (IBC) provides a structured framework for resolution of insolvency, subject to its statutory requirements and applicable judicial interpretation. Key aspects of insolvency proceedings 1. Identify the nature of the debt The relationship between the parties and the character of the debt—such as financial or operational debt—can be important in determining the applicable insolvency mechanism. 2. Examine default Documentary evidence concerning the debt, invoices, agreements, payment records, acknowledgements and the occurrence of default may become critical. 3. Understand the statutory process IBC proceedings involve specific requirements concerning applications, notices, admission, mor...
Arbitration in India | Anupam Kumar Mishra By Anupam Kumar Mishra Advocate | Supreme Court of India & High Courts Arbitration is an important dispute-resolution mechanism in India, particularly in commercial relationships where parties have agreed to resolve disputes through arbitration. Key points in arbitration 1. Arbitration agreement The existence and scope of an arbitration agreement are fundamental. The relevant contractual clause should be examined carefully before initiating proceedings. 2. Appointment of arbitrator The applicable agreement and law determine how an arbitrator may be appointed and what procedure should be followed. 3. Scope of the dispute Not every disagreement automatically falls within an arbitration clause. The nature of the dispute and the wording of the agreement require careful examination. 4. Evidence and pleadings Contracts, invoices, correspondence, payment records, notices and other documents may become important during arbitral proceedings. ...