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INDIALAW LLP Blog has been rated 18th among the top 40 Indian law blogs across the country

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We are proud to announce that we have been rated 18 th among the top 40 Indian law blogs across the country. Please check the same in the link https://blog.feedspot.com/indian_law_blogs/

Arbitration has a Long Way to go in India

"I realized that the true function of a lawyer was to unite parties. A large part of my time during the 20 years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby – not even money, certainly not my soul." Mahatma Gandhi's words couldn't have been truer, especially at a time when the backlog of court cases is so colossal that alternate means of dispute resolution have evolved from being an alternative to being a necessity. Arbitration has, especially, gained popularity for business dispute resolution due to the fact that it allows for private settlement of disputes away from media attention and ensures confidentiality, unlike Courts which provide a public forum for dispute resolution. However, anybody who has had firsthand experience of being involved in an arbitration would know that it has a long way to go before it achieves its desired purpose of becoming faster and mo...

Bankruptcy Law – An Opportunity to Revive Debt-Ridden Business

Business failure is an integral part of any economy. If the failure is a result of a wrong business model or fraud, then a quick liquidation may be the most viable outcome.  However, there may be situations such as while the business is generating revenue, the company is still failing to pay debt. This may due to a wrong financial model resulting into a mismatch between receivable and payable of the entity. A debt restructuring may be an effective resolution under such situation rather than liquidation. Success of a bankruptcy regime depends up on its ability to strike a balance between liquidation and restructuring. The erstwhile bankruptcy regime in India failed to create such a balance. Instead of extending support to a genuine entrepreneur who is on a financial stress, the lenders and other creditors attacked such businessman with multiple legal actions such as proceedings under SARFAESI Act for taking possession of secured properties; filing cases before debt recovery tribu...