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A Closer Look At India’s Legal Structure For Cross Border Insolvency




Pooja, Campus Law Centre, University of Delhi


ABSTRACT


This paper aims to critically analyse the effectiveness of Indian laws in addressing the complexities of cross-border insolvency, specifically examining whether the Insolvency and Bankruptcy Code (IBC) adequately addresses these issues and the judiciary's role in this context. The study aims to elucidate India's current position on cross-border insolvency legislation, utilizing secondary sources to gather relevant data and insights. Key findings indicate that India has very limited laws pertaining to cross-border insolvency, highlighting significant gaps in the legal framework. The judiciary has played a role in interpreting existing provisions, but these efforts are insufficient without a robust legal structure. Consequently, the study concludes that India urgently needs comprehensive and robust legislation to effectively manage cross-border insolvency cases, ensuring better alignment with global standards and improving the efficacy of the insolvency process.


Keywords: Cross border insolvency, India, Insolvency bankruptcy code, insolvency law committee, judiciary, UNCITRAL Model Law

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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