Effect of the Insolvency and Bankruptcy Code on Corporate Governance in India and Challenges with respect to Cross Border Insolvency

  • Samriddhi Agrawal
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  • Samriddhi Agrawal

    Student at Amity University Lucknow Campus, India

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The Insolvency and Bankruptcy Code (IBC) implemented in India has brought about a transformative shift in the landscape of corporate governance. This research paper delves into the multifaceted aspects of the IBC's impact on corporate governance within the Indian context and explores the challenges that arise when dealing with cross-border insolvency cases. In the backdrop of India's historical insolvency laws, this paper examines the necessity of the IBC and its key provisions. It investigates how the IBC has enhanced insolvency resolution and creditor rights through an analysis of real-world case studies. Simultaneously, it critically assesses the challenges and criticisms that have surfaced during the IBC's implementation, providing a comprehensive overview of the successes and shortcomings of the reform. Cross-border insolvency, a complex and increasingly relevant issue in the globalized world, is explored within the Indian context. The paper elucidates the challenges and intricacies associated with managing insolvency matters that transcend international boundaries. It evaluates how the IBC addresses these issues and presents real-life examples of cross-border insolvency cases in India. Furthermore, the paper discusses the future prospects of the IBC, focusing on the potential reforms needed to address the identified challenges. It also explores the alignment of the IBC with international best practices and its comparative standing against insolvency laws in other countries. Ultimately, this research provides a holistic understanding of the effects of the IBC on corporate governance in India and the challenges posed by cross-border insolvency. It underscores the importance of continued reform, both domestically and internationally, in ensuring the effectiveness of insolvency and bankruptcy regimes


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 681 - 692

DOI: https://doij.org/10.10000/IJLMH.116121

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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