National Conference of Bankruptcy Judges (NCBJ)’s Post

Please join us for UNCITRAL Days in the Arab States event organized by College of Law, University of Bahrain on 22 October, featuring the Role of UNCITRAL Texts in Bahrain Bankruptcy Law: The Current Status and Potential Way Forward. The symposium will discuss the work of UNCITRAL in the area of insolvency, in particular the UNCITRAL Model Law on Cross Border Insolvency, the UNCITRAL Model Law on Enterprise Group Insolvency and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency Related Judgments. Additionally, the positive impact of UNCITRAL’s insolvency texts on Arab States will be discussed, alongside, utilizing UNCITRAL’s texts in reforming Bahrain’s bankruptcy system.     📆Date: Tuesday, October 22, 2024 ⏰Time: 9:30 a.m to 14:00 pm Bahrain Time 🏛Venue: College of Law, S 39-19, Bahrain University and Online   Please see the flyer below for more information and register here➡https://lnkd.in/e8r5-Yuk #UNCITRAL #Bahrain #bankruptcy #insolvency

The UNCITRAL Model Law on Cross Border Insolvency was developed as a model law for insolvency proceedings against debtors with assets in different countries. It deals primarily with the recognition of foreign insolvency proceedings and cooperation between insolvency courts and other involved parties from different countries. UNCITRAL is the abbreviation for the United Nations Commission on International Trade Law. This is an association pursuing the objective of harmonizing international trade. Its Working Group VI deals with insolvency law. The Model Law was adopted by many states into their national law. The "Judicial Wing" of INSOL Europe, whose co-chair I was until October 2023, wanted to find out the degree of the model law’s practical importance within the EU. This is because cross-border issues between different EU member states are governed by the European Insolvency Regulation. The report on the project can be downloaded at https://lnkd.in/dihTYZ2Z

CICCL, MNLUA|BLOG 18 The Roundabout of Insolvency and Arbitration: Conflicts and Solutions The interplay between arbitration and insolvency has gained major relevance with the implementation of a new insolvency law in India, leading to the formation of specific, appropriate legal standards. Owing to the dearth of regulatory guidance on the subject, many arbitral hearings have been put on hold while insolvency proceedings have begun. India is a newcomer to the list even though some economies have set legal precedents and further enacted standards in this area. The suspension of the arbitration processes is somewhat unfavorable for the legal profession since it seeks to lessen the role of judicial oversight and, furthermore, supports the parties' right to pick the venue of their choice for conflict settlement. Link to the Blog- https://lnkd.in/dziY_Aji Author- Unnati Sinha

🔴 6 Industry Experts. 4 Weeks. 1 Course. - Insolvency & Bankruptcy Code. The course will be conducted by Lawlevelup. Enrol by June 7. 10% Discount via LawBhoomi. ❓ Eligibility Law students (including LLM students), graduates, academicians, lawyers 📚 Theme ▪️ Introduction to IBC ▪️ Analysis of CIRP ▪️ Role of IP ▪️ Insolvency resolution process for personal guarantors, individuals, and partnership firms ▪️ Cross-border insolvency resolution process ▪️ Pre-packaged insolvency resolution process ▪️ Liquidation process ▪️ CIRP and liquidation petition drafting ▪️ Recent developments in IBC 💻 Mode Online, live session ✅ Enrolment Procedure https://lnkd.in/dThkYmXB #lawbhoomi #lawcourses #ibc #insolvency #insolvencylaw

Ensuring ethical conduct and adherence to the law is paramount in our professional endeavors. Recently, a significant Order passed by IBBI underscores this principle, addressing a case where an Insolvency Professional(practicing advocate) abused their authority, compromising the integrity of the Insolvency and Bankruptcy Code. Such actions not only betray the trust placed in us as officers of the court but also undermine the very essence of our roles. Let's uphold the standards of our profession and safeguard the integrity of our legal system. #Ethics #LegalIntegrity #IBBIJudgment https://lnkd.in/gJrNK_AZ

Raghav Mittal, Senior Associate at Dentons Link Legal under the guidance of Mr. Sumant Batra (President, Insolvency Law Academy) and Dr. M.S. Sahoo (former Chairperson, Insolvency and Bankruptcy Board of India and Chair of ILA Standing Committee on UNIDROIT) has authored a thought paper to explain the co-relation between Maritime and Insolvency Law. The paper is titled 'Thought Paper on Maritime and Insolvency Laws' and has been published by the Insolvency Law Academy. The paper can be accessed at https://lnkd.in/gYaWgFij It is hoped that the Thought Paper will be of value to policymakers, stakeholders and scholars of insolvency and maritime law. #maritime #insolvency #bankruptcy #laws #thoughtpaper #policymakers #DentonsLinkLegal

Register Now! 2nd ILA Annual Conference 2024 [February 09-11, 2024] [Insolvency Law Academy] Read More Here- https://lnkd.in/disSyUiK #ILAAnnualConference #globaleconomy #InsolvencyandBankruptcyCode #primeministerofIndia #ILAEmergingscholarsgroup #economicpowerhouse #scconline #SCC #InsolvencyLawAcademy #legalnews #scconlineblog #legalknowledge #legalblog #legalupdates #lawstudent #legalresearch #legalstudies #surestwaytolegalresearch #bringingyouthebestlegalnews

INSOLVENCY TRAINING | Insolvency law in Kenya post Insolvency Act, 2015 is still a new terrain that is complex, difficult to navigate and laden with pitfalls. Jurisprudence on a number of legal issues is yet to be settled by the Courts. Join our experts on this specialized LSK Accredited Webinar as they share invaluable insights on the subject based on their hands-on experience gained from practising in the area. To book, use the link in the comments section below: 👇

🇿🇦🌍🇦🇹 Cross-Border Insolvency Case! 📜⚖ In a recent judgment, the Western Cape High Court recognized the appointment of an Austrian insolvency practitioner for the purpose of transferring surplus funds from a South African insolvent estate to Austria. Key legal principles: • Foreign trustees require recognition from South African courts to deal with local assets of the insolvent • Recognition is a matter of judicial discretion based on comity, convenience & equity • Surplus funds can be removed with consent of the Master or court after local claims & costs are paid The court found: ✅ The applicant, as court-appointed receiver in Austria (the insolvent's domicile), had locus standi ✅ A shortfall in the foreign estate was likely, so the application was not premature ✅ S116 of the Insolvency Act does not preclude common law recognition of a foreign representative ✅ Punitive costs were warranted given the insolvent's unreasonable opposition #CrossBorderInsolvency #SouthAfricanCourts #InsolvencyLaw #ComityOfCourts Thanks again to Spartan Caselaw for keeping me up to date on ZA case law!

I'm glad to share my recent publication of research paper on "Steering through Cross-Border Insolvency Law: Insights from India's Legal Landscape" in International Journal of Legal Science and Innovation. The paper meticulously explores the intricate legal aspects of cross-border insolvency in India. #publication #corporatelaw #legalawareness It is available to read at: