Unlocking investment opportunities: Leveraging IBC to enhance India's global appeal
Insolvency and Bankruptcy Code (IBC) has emerged as a pivotal tool in India's quest to bolster its attractiveness to global investors. By streamlining the process of resolving insolvency cases, the IBC not only facilitates the efficient allocation of capital but also instils confidence in investors regarding the robustness of India's legal and regulatory framework.
The Supreme Court recently noted that the principle aims of the IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delays.
One of the key aspects that enhances India's global appeal is the IBC's provision for cross-border insolvency cases. The Insolvency and Bankruptcy Code contains provisions enabling cross-border insolvency cases through bilateral agreements and the issuance of letters of request to foreign courts by Adjudicating Authorities (AAs) under section 234 and section 235. Through bilateral agreements and the issuance of letters of request to foreign courts, the IBC enables seamless resolution of insolvency cases involving international stakeholders. This aspect is particularly significant in today's interconnected global economy, where businesses operate across borders, and investment flows transcend geographical boundaries.
Moreover, the adoption of the UNCITRAL Model Law, with necessary modifications to
