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Everything you need to know about the Insolvency and Bankruptcy Code, 2016

By: Deepak Biswas – Of Counsel – TMT Law Practice
By: Sneha Herwade – Principal Associate – TMT Law Practice
By: Shilpa Gamnani – Senior Associate – TMT Law Practice
Beginning with the insolvency laws and restructuring prior to Insolvency and Bankruptcy Code, 2016 (IBC), the participants were given an insight on the importance and evolution of IBC. All the fundamental concepts/ definitions were explained along with relevant judgements to track the amendments and the legislative intent behind the amendments. Subsequent to this, the participants were taken through the procedural aspects of (i) Filing applications for initiating Corporate Insolvency Resolution Process (CIRP); (ii) CIRP and the conduct of CIRP by interim resolution professional/ resolution professional and committee of creditors; (iii) Fast-track CIRP; and (iv) Liquidation process. The most controversial Section 29A of IBC pertaining to eligibility criteria of a resolution applicant and interplay between IBC and PMLA were among the other aspects that were covered in the session.

Without Prejudice Correspondence

By: Shilpa Gamnani – Senior Associate – TMT Law Practice
A discussion on the “Without Prejudice” privilege and the circumstances in which it is attracted. The discussion focussed on the key aspects of the rule governing “without prejudice” communications, the recognized exceptions thereto along with global as well as Indian jurisprudence on its application.
Basics for initiation of Arbitration
By: Shilpa Gamnani – Senior Associate – TMT Law Practice
By: Atmaja Tripathy – Senior Associate – TMT Law Practice
The presentation focused on how to commence arbitration in India, with a focussed discourse on he following aspects: (a) How to draft the perfect arbitration clause? (b) How to set the arbitration into motion and notice requirements under Section 21 of the Arbitration and Conciliation Act, (c) Judicial Intervention prior to commencement of the arbitration – Analysis of Section 8, 9 and 11 of the Act, (d) Reference of Disputes to Arbitration, (e) Factors that a Section 11 Court will consider while appointing an Arbitrator (f)Preliminary Jurisdictional Challenges to the Arbitration under Section 16 of the Act, (g) Concept of Arbitrability of Disputes and Arraying Non- Signatories to Arbitration. The discussion focused on a detailed analysis of precedents and the jurisprudence in the above segments. The presentation briefly captured the impact of Arbitration Amendment Act, 2019 on Section 11 petitions and ongoing arbitrations. Lastly, the session was concluded with certain pointers that parties must necessarily keep in mind to effectively invoke an arbitration and get the benefit of the arbitration proceeding.

TMT Law Practice

Established in 2008, headquartered in New Delhi, with offices in, Bengaluru and Mumbai, TMT Law Practice is India’s premiere Law Firm in the segment of Technology, Media and Telecom, that has advised iconic clients and has been instrumental in securing landmark judgements, and is often cited for “Where Law Meets Innovation”…

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