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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 3, ISSUE 1 (2021)
Integration of alternative dispute resolution mechanisms in corporate insolvency law
Authors
Amitesh Deshmukh
Abstract
Alternative dispute resolution is a widely used mechanism by the parties for resolution of commercial disputes. Over time, myriad organisations and institutions have been developed that provide services for specialized ADR. Times and again, it has been realised that insolvency resolution processes especially for corporate debtors can be complex and cumbersome. While, there are certain declarations and other matters relating to insolvency that could not be resolved by private tribunal, the subject-matter of which is exclusively under the state’s authority to adjudicate. Some of the disputes that arise among the stakeholders could be resolved by private forums, these may include pre-insolvency arbitration agreements, and disputes among creditors and/or class (es) of creditors. In this paper the author has outlined how the conflicting objectives of insolvency law and ADR mechanisms could be harmonised, and how ADR is being used as a mode of dispute resolution in India and other countries.
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Pages:16-18
How to cite this article:
Amitesh Deshmukh "Integration of alternative dispute resolution mechanisms in corporate insolvency law". International Journal of Law, Policy and Social Review, Vol 3, Issue 1, 2021, Pages 16-18
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