When the Insolvency and Bankruptcy Code (“the Code”) was introduced in 2016, it highlighted the need to create a credit-friendly culture, an area where previous legislation had fallen short. But while the Code has proven its efficacy as a dynamic legal framework, there remain areas of concern over its application.

Below we review these and also highlight some of the updates including a framework for pre-packaged insolvencies that have come into force since the Code was launched.

Parties to an international arbitration can object to the jurisidiction of the seat of arbitration through “preliminary objections”. These can be heard separately before the full matter–a process known as bifurcation– and can result in considerable costs savings to both parties.

The difficulties associated with multiple claims brought by different claimants on the same subject-matter has been described as “detrimental to investment practice”.[1] The existence of concurrent proceedings can “hinder amicable …

Enabling procedural efficacies in parallel ISDS arbitrations Read more »