Abie's Debt Review

This report from India’s Insolvency and Bankruptcy Board of India (IBBI) examines the potential for mediation as a dispute resolution mechanism in corporate insolvency cases under the country’s Insolvency and Bankruptcy Code (IBC). The authors, an expert committee appointed by the IBBI, consider the effectiveness of mediation in different stages of the corporate insolvency resolution process (CIRP), including pre-commencement, post-commencement, and liquidation stages. The report compares India’s current legal landscape with various international jurisdictions, including the United States, the European Union, Italy, France, Spain, the United Kingdom, Romania, Greece, Japan, Singapore, and Germany, in order to understand the benefits and challenges associated with mediation in insolvency cases. They provide specific recommendations for the implementation of a mediation framework within the IBC, emphasizing the need for a phased approach, a robust operational framework, qualified mediators, and cost-effectiveness. The report also underscores the importance of preserving the core objectives of the IBC, including timeliness, value maximization, and the balancing of stakeholder interests.

Comments