India Establishes Special NCLT Bench for Cross-Border Insolvency Cases
India plans special NCLT bench for cross-border insolvency cases to speed up resolutions
The Economic TimesImage: The Economic Times
India is set to create a specialized bench within the National Company Law Tribunal (NCLT) to expedite cross-border insolvency cases, following recent amendments to the Insolvency and Bankruptcy Code (IBC). This initiative aims to streamline proceedings and enhance recovery opportunities for creditors by facilitating access to overseas assets of distressed companies.
- 01A special NCLT bench will be established to handle cross-border insolvency cases.
- 02The new framework is based on a modified model UN law to suit Indian needs.
- 03This initiative aims to speed up insolvency proceedings and improve creditor recovery.
- 04The corporate affairs ministry will draft new rules for cross-border insolvency.
- 05Previous cases highlighted the need for a more efficient resolution process.
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India plans to set up a special bench within the National Company Law Tribunal (NCLT) to expedite cross-border insolvency cases once the new bankruptcy rules are finalized. This initiative follows the recent approval of amendments to the Insolvency and Bankruptcy Code (IBC), which will adopt a modified model from the United Nations Commission on International Trade Law (UNCITRAL). The new framework aims to facilitate easier access for creditors to overseas assets of distressed companies and enable cooperation with foreign courts in insolvency proceedings. The need for such a structure was underscored by delays experienced in cases involving companies like Amtek Auto and Jet Airways. The corporate affairs ministry is tasked with drafting the necessary rules, which will require parliamentary oversight. The establishment of this specialized bench, with members trained in cross-border insolvency, is expected to enhance the efficiency of the resolution process and improve recovery prospects for creditors.
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This new framework will streamline insolvency proceedings, potentially leading to quicker asset recovery for creditors and reducing delays in the process.
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