Kluwer: Clean Slate: The Interface Between Arbitration and Insolvency Processes in India

Published on September 27, 2024

By Akshay Sewlikar (Linklaters) and Alyssa Glass (Linklaters)

Arbitration and insolvency embody, to some extent, countervailing legal policies. Courts in many jurisdictions have grappled with the extent to which claims involving an insolvent company should be permitted to be resolved through arbitration. In the October 2023 decision of Indian Oil Corporation Ltd v Arcelor Mittal Nippon Steel India Ltd (“Indian Oil”), the Delhi...

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