Understanding the Insolvency and Bankruptcy Code, 2016: Analysing Developments in Jurisprudence
A collaborative report with the Insolvency and Bankruptcy Board of India (IBBI) that analyses evolving jurisprudence under the Insolvency and Bankruptcy Code (Code).
Summary: The Report captures case law developments spanning two years of the enactment of the Code. The analysis of fifteen heavily litigated issues provides clarity on key concepts of the Code.
The Vidhi Centre for Legal Policy and the Insolvency and Bankruptcy Board of India are delighted to present “Understanding the Insolvency and Bankruptcy Code, 2016: Analysing Developments in Jurisprudence.”
In the two years since the enactment of the Code, stakeholders in the insolvency eco-system have looked to case law to provide clarity on key concepts under the Code, and to help in the smooth functioning of the processes under the Code. This publication captures such case law developments on fifteen select issues that have been most heavily litigated under the Code. We hope that this publication will serve as a useful reference point for those wishing to understand how jurisprudence under the Code has evolved and enriched practice of the Code in the country.
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About the Authors
Shreya was a Research Fellow at Vidhi.
Debanshu is one of Vidhi’s Co-Founders. He has over a decade of experience in commercial laws and the financial sector and has advised the Government of India on several legislative projects in this space. He was instrumental in advising the Government on the design and drafting of the Insolvency and Bankruptcy Code and its subsequent implementation. He has developed and curated Vidhi’s work on insolvency law, corporate law, financial regulation, and competition law and conceptualized its Bankruptcy Research Program. He has served as a member of a Government-appointed committee for operationalizing the National Company Law Tribunal and deposed before two Parliamentary committees examining financial sector legislation. He has also worked as a teaching fellow at Harvard Law School. He is an alumnus of the Harvard Law School, the University of Oxford, and Hidayatullah National Law University. He attended Harvard as a Fulbright Scholar and was awarded the Irving Oberman Memorial Prize in Bankruptcy and the Dean’s scholar prize in Corporations. He was also awarded a Distinction for his graduate studies at Oxford. In 2017, he was selected for NYU School of Law’s Hauser Global Scholarship, which he waived. His academic work has been published in peer-reviewed journals and an edited book published by Cambridge University Press, New York. He has been consulted by and mentioned in global business publications, such as IFR Asia and The Economist. Earlier, Debanshu practiced as an M&A and regulatory lawyer with AZB & Partners at its Mumbai and New Delhi offices.
