Govt has focused on further decriminalization to enhance Ease of Living and EODB: MoS (See 'Corp Brief') A&C - Post-insolvency commencement date claims that are not made part of Resolution Plan are not arbitrable: HC (See 'Legal Desk') Relentless execution transformed India's Energy Sector: Goyal (See 'Corp Brief') Over 8.45 crore subscribers enrolled under APY as on 30th Nov: MoS (See 'Corp Brief') Misc - It is duty of litigant to keep track of his own case, and he cannot shift entire burden on to shoulders of his counsel: HC (See 'Legal Desk') Rail Electrification boosts Efficiency, Cuts Diesel Consumption and Sets Global Benchmark (See 'Corp Brief') 53rd Edition of Fit India Sundays on Cycle dedicated to Vijay Diwas held in Goa (See 'Corp Brief') Scindia unveils 25-Foot Statue of Chhatrapati Shivaji Maharaj in Karnataka (See 'Corp Brief') PMLA - Secured creditor is entitled to stake its claim before liquidator as per Section 53 of IBC, qua immovable property, and same can be disposed of by liquidator as per law: SAFEMA (See 'Legal Desk') Mizoram gets its First Rail-Carried Cars (See 'Corp Brief') Minister highlighting rich craft traditions and their relevance to contemporary living (See 'Corp Brief') Scindia unveils Commemorative Postage Stamp on 150th anniversary of Bombay Gymkhana (See 'Corp Brief') SEBI - Request for unfreezing bank accounts based merely on value of securities in demat accounts, in absence of compliance with direction of Interim Order of depositing impounded gains in Escrow Account, cannot be accepted: SEBI (See 'Legal Desk') DoP, BSE sign MoU to expand Mutual Fund Access Across India (See 'Corp Brief') A&C - Difference or controversy as to rate of interest clearly falls outside scope of challenge on ground of conflict with public policy of India unless it is evident that rate of interest awarded is so perverse: SC (See 'Legal Desk') Cloud data centre capacity in India estimated to grow 4 to 5 times by 2030 (See 'Corp Brief') A & C - By awarding reimbursement for second regular meal & welcome drinks, arbitrator had created new contract between parties, amounting to breach of Sec 28(3), which is patently illegal and against public policy: SC (See 'Legal Desk') Scindia to address Gramin Dak Sevak Sammelan in Kolhapur (See 'Corp Brief') IBC - It is mandatory duty of RP to verify every claim received and maintain updated list of creditors with requisite details including amount admitted, claimed, and security interest: IBBI (See 'Legal Desk') Semicon India Program developing complete ecosystem for Semiconductors (See 'Corp Brief') PMLA - Secured creditor can stake its claim by moving application before Special Judge, PMLA Court, even before conclusion of trial, if excess amount is realised during auction sale: SAFEMA (See 'Legal Desk') NITI Aayog releases report on Deepening the Corporate Bond Market in India (See 'Corp Brief') IBC - Moratorium does not protect development rights under agreement that was validly terminated for corporate debtor's non-performance before initiation of insolvency proceedings: SC (See 'Legal Desk')

IBC - Framework for cross-border insolvency to be announced soon

Published: Jan 21, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 21, 2022: DR Mukulita Vijayawargiya, Whole Time Member, IBBI, yesterday said that a framework for cross-border insolvency would be announced soon under the Insolvency & Bankruptcy Code.

Addressing the virtual Conference on '5 Years of Insolvency and Bankruptcy Code - Looking Forward and Beyond' organized by FICCI under the aegis of the Insolvency and Bankruptcy Board of India (IBBI), Dr Vijayawargiya also asserted on the need for a Code of Conduct for each stakeholder involved in the insolvency and bankruptcy ecosystem.

"A Code of Conduct establishes transparency and accountability for the creation of a robust compliance mechanism in India - critical for good governance," she added.

Dr Vijayawargiya further stated that the IBC regime provides for a resolution process which is time bound and infuses technology with professional expertise with minimum judicial intervention and supervision. 

She also added, "In the last five years, new processes have been developed keeping in mind the changing needs of the economy, be it pre-packs or the cross-border insolvency, which would be finalized shortly."

Emphasizing that every default should not be treated as a base for litigation, she added that there is a technology-driven process under the Code to determine an authentic record of default. This is a key enabler for reducing the time involved in judicial processes as well as enhancing transparency and accountability.

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