An analysis of the interface between arbitration and insolvency in India, focusing on the underexamined role of arbitral institutions in managing insolvency-related disruptions, including mandatory disclosure, insolvency-specific procedural rules and restructuring-focused dispute resolution mechanisms.
With the increasing focus on alternative dispute resolution especially arbitration, it is pertinent to evaluate the efficacy and the coexistent nature of the same with other commercial laws. It is rare for two regimes of commercial law to pull harder in opposite directions than insolvency and arbitration.1 As the basis of the insolvency regime is collective by nature, it congregates all claims against a debtor, imposes a moratorium on…