Mines Ministry organizes Workshop on Offshore Mining (See 'Corp Brief') Arbitration - Since settlement has not worked out Court decided to refer matter to arbitration : HC (See 'Legal Desk') NHAI organises Workshop on implementation of Insurance Surety Bonds (See 'Corp Brief') SEBI Act - Considering receipt of settlement amount by SEBI and fulfilment of non-monetary term of settlement, adjudication proceedings initiated against Applicant can be disposed of : SEBI (See 'Legal Desk') PMLA Act -Without discussion as to how property is involved in money laundering conclusions recorded by Adjudicating Authority cannot sustain : Tribunal (See 'Legal Desk') Principal Scientific Adviser chairs meeting to discuss Biomass Cultivation (See 'Corp Brief') SAFEMA - Appellant have furnished evidence which show satisfactorily that they took all reasonable steps to realise export proceeds : Tribunal (See 'Legal Desk') Companies Act - Winding up petition can be dismissed when contentions raised by parties constitute triable issues as Company Court cannot enter into adjudication of disputed facts of amount due and payable : HC (See 'Legal Desk') Competition Act - In absence of any apparent anti-competitive conduct, decision of purchase or sale of product and quantity thereof is driven by commercial considerations of market players : CCI (See 'Legal Desk') Slum Rehabilitation Act - Preferential right to owner is available only when someone other than owner is being preferred and owner has never before been given or availed of right to develop : HC (See 'Legal Desk') India Pavilion at World Hydrogen Summit showcases Green Hydrogen Mission (See 'Corp Brief') CPC - Application can be dismissed as Intervener has already initiated its own remedy by way of independent Execution Petition : HC (See 'Legal Desk') SEBI Act - Appellant has not shown sufficient cause for condonation of delay in filing appeal : SAT (See 'Legal Desk') PMLA - When questions relating to legality of arrest is under consideration, more holistic and libertarian view is to release Chief Minister of Delhi on interim bail for Lok Sabha General Elections : SC (See 'Legal Desk') Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 - Order for forfeiture of properties is rightly made as property is occupied through lllegal earning : Tribunal (See 'Legal Desk') Summer Power demand expected to be adequately met during both day and night (See 'Corp Brief') Arbitration Act - As petitioner is not notified as 'financial institution' or 'bank' under RDB Act, there is no bar on parallel proceedings to co-exist under A&C Act as well as SARFAESI Act : HC (See 'Legal Desk') Cr.P.C. - Once order issuing process has been set aside, then applicant has no right to file application u/s 482 of Cr.P.C. for quashment of complaint case : HC (See 'Legal Desk') Competition Act - WordPress.org is justified in taking appropriate action against any developer found non-compliant with prescribed standards and regulations : CCI (See 'Legal Desk') Ministry of Skill signs MoU with Mahindra Ltd to conduct two Pilot Projects (See 'Corp Brief')

Domestic Vs Cross-border insolvency - One more Committee set up

Published: Jan 24, 2020

By TIOL News Service

NEW DELHI, JAN 24, 2020: THE Insolvency Law Committee which examined the inputs received on cross-border insolvency has provide recommendations to the Committee on adoption of the UNCITRAL Model Law in india with the modifications as considered necessary by the ILC in the Indian context.

The Committee has also recommended a few carve outs to ensure that there is no inconsistency between the domestic Insolvency framework and the proposed Cross Border Insolvency Framework.

For smooth implementation of the cross border Insolvency provisions under the Insolvency & Bankruptcy Code, 2016 (Code) it has been decided to refer the matter to a committee to suggest its recommendation of proposed Cross Border Insolvency provisions in the Code to this ministry on following terms of reference:

(i) The committee will study & analyze the recommendations of Insolvency Law Committee (ILC) Report on cross border Insolvency and the proposed draft Bill to make recommendations to operationalize the rule & regulatory framework for smooth implementation of proposed cross border insolvency provisions under the Insolvency and bankruptcy Code, 2016 and other matter related to or Incidental thereto.

(ii) The Committee may invite or co-opt practitioners, experts or Individuals who have knowledge or experience in the subject matter. The Committee may also consult other stakeholders as part of its deliberations.

The New Committee will be headed by a retired IAS officer K P Krishnan and there are seven other Members. The Committee will submit its report in 90 days.

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