LIJDLR

Insolvency

THE ROLE OF COMMITTEE OF CREDITORS (COC) IN SHAPING RESOLUTIONS

Volume III Issue I /

THE ROLE OF COMMITTEE OF CREDITORS (COC) IN SHAPING RESOLUTIONS Nikhil Rawat, LL.M. (Corporate Banking & Insurance), Amity Law School, Noida (U.P.) Dr Amit Dhall, Assistant Professor, Amity Law School, Noida Download Manuscript doi.org/10.70183/lijdlr.2024.v03.32 The advent of the Insolvency and Bankruptcy Code, 2016 (IBC) in India marked a seminal shift in how financial distress is addressed. At the heart of this reform lies the Committee of Creditors (CoC), a body tasked with steering the Corporate Insolvency Resolution Process (CIRP). This paper critically examines the role of the CoC in shaping corporate resolutions, balancing creditor rights with debtor protections, and influencing the efficiency and outcomes of the insolvency process. Through an analysis of statutory frameworks, landmark judicial decisions, and practical implications, the paper reveals the evolving jurisprudence and real-world dynamics surrounding the CoC’s decision-making authority. It argues for a more nuanced understanding of commercial wisdom, transparency, and accountability, especially in light of the increasing scrutiny by courts and stakeholders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 787-806. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL

Volume I Issue II /

CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL Ekjot Kaur, Student, Narsee Monjee Institute of Management Studies, Bengaluru. Download Manuscript ABSTRACT A common challenge in insolvency law   is working out a solution under general law and factoring in the implications of insolvency on one or several other parties. Problems with choice of law  add a great deal of complexity to international bankruptcy procedures. All questions about insolvency that arise beyond national borders are within the purview of private international law and are addressed in line with either specific statutes or general principles. The intention is to evaluate the UNCITRAL Model Law on Cross-Border Insolvency in light of the most pressing problems often associated with such transactions between different states. In spite of all the accolades the Model Law has garnered, it has only been adopted by around 53 countries in some form. If the number of countries that have adopted the Model Law and the comparatively lukewarm reception of its provisions are any indication, why is it that its adoption has failed to generate a groundswell of support throughout the world? Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 182 – 188. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content CROSS-BORDER INSOLVENCY IN PRIVATE INTERNATIONAL LAW– EXAMINING THE UNICTRAL MODEL A SPOTLIGHT ON UNLAWFUL ACTIVITIES PREVENTION ACT, 2019 EQUALITY AND INCLUSIVITY: THE PUSH FOR LEGALIZING SAME-SEX MARRIAGES IN INDIA A COMPARATIVE ANALYSIS OF THE DPDP BILL AND OTHER PRIVACY LAWS ARTIFICIAL INTELLIGENCE (AI) IN LAW: FROM FICTION TO REALITY DOMESTIC VIOLENCE TOWARDS MEN: A SOCIOLEGAL ANALYSIS

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