EVOLUTION OF CROSS BORDER INSOLVENCY IN INDIAN LEGISLATION: A STUDY
Pritha Mukhopadhyay & Srinjoy Mitra
Show Author Details
ABSTRACT
With the growing outreach of globalization, the blurring state and national boundaries have become a pseudo-reality that hovers disparately over matters of trade and commerce. The primary issue that crops up in this scenario pertains to the national laws governing internal trading activities and matters of insolvency within the national boundaries that often come to pose contrasts between the trading partners from different nations. Thus, the disregard for national boundaries of a globalized system of trade comes to be jolted when it comes to the regulative authorities overlooking their activities. This hereby calls for a need for a unified system applicable to all the nations indiscriminately. In this paper we therefore examine the evolution of the existing laws within the Indian legal system with respect to “Cross-border Insolvency” and assess the need for the adaptation of the UNCITRAL Model. We shall engage in a deductive approach of research through analysis of case laws to attain the objective of this paper.
Keywords
Insolvency
Cross Border Insolvency
IBC
Share this: