Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

CIRP - Seeking appointment of a sole arbitrator for the ...


Supreme Court to Decide on Sole Arbitrator Appointment Amidst CIRP, No Stay on NCLAT Order Yet.

December 24, 2022

Case Laws     Insolvency and Bankruptcy     HC

CIRP - Seeking appointment of a sole arbitrator for the resolution of disputes between the parties - The purpose and rationale behind granting a moratorium is to ensure that the assets of the corporate debtor are protected, with an intention to keep the company a going concern and to use the period to strengthen its financial position. It means, the intent of the order of the NCLAT is to protect the assets of IL&FS and its group companies in order to make the resolution process effective/purposeful. - Since, the matter is pending before the Supreme Court and there is no stay of the NCLAT order - HC

View Source

 


 

You may also like:

  1. Appointment of arbitrator - The order passed by the High Court to the extent directing to constitute an Arbitral Tribunal in terms of clause 64(3)(b) of the GCC is...

  2. Seeking appointment of a sole arbitrator to adjudicate upon the disputes - Doctrine of separability - doctrine of kompetenz-kompetenz encompassed in the arbitration...

  3. Appointment of an arbitrator - When the agreement specifically provides for appointment of Arbitral Tribunal consisting of three arbitrators from out of the panel...

  4. The principles of independence and impartiality of arbitral tribunals under the Arbitration and Conciliation Act 1996 were evaluated in relation to party autonomy....

  5. Termination of mandate of sole arbitrator - absence of any written contract containing the arbitration agreement - In the present case, the parties themselves agreed on...

  6. Seeking appointment of a sole arbitrator - international commercial arbitration or not - distributors of Amway products in India - sole proprietary concern is equated...

  7. Arbitration and Conciliation Act, 1996 - procedure for appointment of arbitrator and the actual appointment of the arbitrator - order of high court set aside - SC

  8. Appointment of an arbitrator - Declination to appoint an Arbitrator in exercise of its power under Section 11(6) of the Arbitration and Conciliation Act, 1996 - So far...

  9. Seeking appointment of an arbitrator for the adjudication of disputes - The two conditions contained in Clause 55 of the GCC, one relating to 7% deposit of the total...

  10. Arbitration procedures - right to appointment of Arbitrator - the respondent had forfeited its right to appoint the arbitrator after the expiry of statutory period. - HC

  11. Appointment of an arbitrator for the adjudication of disputes - Applicability of time limitation - The Supreme Court held that the petition is timely and not hit by...

  12. Unilateral appointment of the Arbitrator, without express agreement - The present award is liable to be set aside on the ground of unilateral appointment of arbitrator....

  13. Appointment of Arbitrator in applications - notified claims or not - Section 11(6) of the Arbitration Act - It is observed that the learned Arbitrator shall first decide...

  14. Period of limitation for appointment of Arbitrator - The Appellant’s laconic letter dated 23.01.2007, which stated that the matter was under consideration, was within...

  15. In this NCLAT decision, the Tribunal clarified that although it had stayed "further steps" to be taken by the IRP in its earlier order dated 07.12.2023, this did not...

 

Quick Updates:Latest Updates