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Banking & Finance laws
I. Introduction Section 138 of the Negotiable Instruments Act, 1881 (“the NI Act”) creates a quasi-criminal offence for dishonour of a cheque issued in…
The Secret U.S.–Saudi Arrangement and the Rise of the Petrodollar…
Introduction Monetary policy is used by the central bank as…
SEBI the security and exchange board of india is the statutory regulatory body for Indian security market established to protect invested promoter to developer of fair trading practice and regulate entity like stock exchange broker and mutual funds
The situation of Cross-Border Insolvency arisen when debtors and creditors are spread across the various jurisdiction, creating challenges for effective insolvency dispute resolution. For cross-border insolvency, India has Insolvency and Bankruptcy Code, 2016 (IBC) which provides a consolidated domestic framework, it has only two provisions under Section 234 and Section 235.
The UNCITRAL Model Law on Cross-Border Insolvency, adopted on 30th May, 1997 offers key element such as access, recognition, relief, cooperation. Other jurisdictions including the U.S., U.K., Singapore, and South Korea have adopted it to harmonize insolvency proceedings and protect stakeholders across borders.
In India, judicial precedents such as Jet Airways v. SBI (2019), Ruchi Soya v. Union of India (2021), and SBI v. Kingfisher Airlines (2017) have underscored the need of stringent laws for cross-border cooperation. Responding to this, the Insolvency Law Committee (ILC) in 2018 recommended the adoption of the Model Law through a proposed Draft Part Z in the IBC, extending its application to corporate debtors (including foreign entities) while refining Sections 234–235.
Cross-Border Insolvency has become one of the key challenges across the jurisdiction. Currently, India’s cross-border insolvency framework for resolving Insolvency are not strictly implemented. India should participate in the UNCITRAL working groups to deal with the cross-border insolvency issues. This will help the India to participate in international practice and build global standards for cross-border insolvency cooperation.
Introduction A new layer has been added to the commercial and corporate world with the…
Introduction Banking has always been a reflection of society’s needs and technological growth. From the…
Introduction In India’s business world, checks are very important. They make it easy to pay…
Introduction Insolvency and Bankruptcy Code, 2016 was formed with the intent of consolidating and amending…
Introduction In a landmark regulatory move, the Securities and Exchange Board of India (SEBI) has…
The advent of cryptocurrency has ignited widespread debate across economic, ethical, and religious spheres, with…
Abstract: This article examines the rapid rise of cryptocurrency in India, where over 115 million…
Introduction The Insolvency and Bankruptcy Code (IBC), enacted in 2016, represents one of India’s most…
Introduction The term “corporate governance” describes an organization’s commitment to conducting business in a morally,…
Introduction The Foreign Exchange Management Act (FEMA), 1999 is a pivotal legislation in India’s economic…
Bench and Court Bench: Justice L. Nageswara Rao and Justice B.R. Gavai Court: Supreme Court…
Abstract During the previous two decades, cross-border mergers and acquisitions (M&As) have dramatically raised. It…
Abstract Loan fraud poses a serious and growing threat to India’s financial system. This article…
Recent years have witnessed dramatic disruption in the Indian telecom industry that has culminated in…
The Debt Recovery Tribunals (DRTs) represent a milestone in India’s financial and legal structure, established…
The Securities and Exchange Board of India (SEBI) is a regulatory body which oversees the…
It is a set principle that Securities Exchange Board of India is an adjudicatory body…
Legal Liability of Banks in Forged Cheque Cases The banking sector plays a pivotal role…
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