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Category: Article Topic wise-Arbitration

08Mar

Should an Unstamped or Insufficiently Stamped Arbitration Agreement be Enforceable in India? – Dalima Pushkarna

Posted by IBC Lawson March 8, 2023March 8, 2023in Article Topic wise-Arbitration, Case Analysis

Recently, this issue came before the Hon’ble Supreme Court of India. Therefore, the author in this piece tries to understand the fate of such arbitration agreements and analyze the current view of the Supreme court.

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IBC Commentary Index(Clickable)

Chapter Topic Content
CH-2: General & Definitions
    Short Note on Insolvency and Bankruptcy Code, 2016 (IBC, 2016)
    Dispute and Existence of a Dispute
    Operational Debt and Operational Creditor
    Persons who may initiate Corporate Insolvency Resolution Process(CIRP)
    Analysis provisions of Limitation Act, 1963 with respect to Insolvency and Bankruptcy Code, 2016 
CH-3: CIRP
  Topic-1 : CIRP Application & Withdrawal
    Analysis of Minimum amount of default under Section 4 of IBC
    Procedure of filing application by Financial Creditor before NCLT under Section 7 of the IBC
    Procedure of filing application by Operational Creditor before NCLT under Section 8 & 9 of the IBC
    Initiation of CIRP by corporate applicant under Section 10 of the IBC
    Analysis of withdrawal of CIRP proceeding pursuant to settlement under Section 12A of Insolvency and Bankruptcy Code, 2016 (IBC)
  Topic-2 : Declaration of moratorium and public announcement
    Declaration of moratorium and public announcement [Section 13, 14 & 15 of the IBC]
    All about the Moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 including judicial pronouncements 
  Topic-3 : Appointment and tenure of IRP & RP
    Appointment and tenure of Interim Resolution Professional and Resolution Professional [Section 16, 22 & 27 of the IBC]
    Role of an Interim Resolution Professional and Resolution Professional
  Topic-4 : Management of affairs by IRP
  Topic-5 : Receive and collate all the claims submitted by creditors
  Topic-6 : Committee of creditors and meetings
    Constitution of Committee of Creditors under Section 21 of IBC
    Role of Committee of Creditors & It’s Commercial Wisdom
    Analysis of provisions on Authorised Representative under IBC
    Meetings & Voting of the Committee of Creditors under Section 24 of the IBC
  Topic-7 : RP to conduct the CIRP and manage the operations
    Resolution Professional to conduct the CIRP and manage the operations of the Corporate Debtor
    Insolvency Resolution Process Costs & Essential supplies
    To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
  Topic-8 : CIRP and Resolution Plan
    Information Memorandum, Expression of Interest, Request for Resolution Plans & Resolution Plans
    Role of the prospective resolution applicant
    Persons not eligible to be Resolution Applicant [Sec. 29A of IBC]
    Submission and approval of the Resolution Plan
    Liability for prior offences under Section 32A of the IBC
CH-4 : Liquidation Process
  Topic-1 : Initiation of Liquidation
  Topic-2 : Appointment & Remuneration of Liquidator
    Appointment & Remuneration of Liquidator under Sec. 34 of IBC
    Powers and duties of Liquidator under Sec. 35, 37 of IBC
  Topic-3: Liquidation Estate
  Topic-4: Public announcement, Preliminary report, Early dissolution and Progress reports under Liquidation
  Topic-5: Claims under Liquidation
  Topic-6: Preferential, undervalued and Extortionate Credit Transactions
    Preferential, Undervalued and Extortionate Credit Transactions under Sec. 43, 44, 45, 46, 47, 48, 49, 50, 51 of IBC 
    To identify preferential transactions under Sec. 43 of the Code in any CIRP, step to be taken by a Resolution Professional
  Topic-7: Secured Creditor in Liquidation Proceedings
  Topic-8: Realisation of Assets in Liquidation Proceedings
  Topic-9: Proceeds of Liquidation and Distribution of Proceeds
CH-5 : Personal Guarantor
    Chapter VIII Indemnity and Guarantee of Indian Contract Act, 1872
    All about Personal Guarantor under IBC Part-I
    All about Personal Guarantor under IBC Part-II
    Insolvency Resolution Process Regulation
    Bankruptcy Process for PG Regulation
    IRP Application to AA Rules
    Bankruptcy Process Application to AA Rules

 

 

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