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Can an Arbitral Tribunal terminate arbitral proceedings solely because the claimant failed to produce a Power of Attorney within the prescribed timeline? The Gujarat High Court recently addressed this issue in Pandya Naresh Chandra v. Shalin Infrastructure and Ors1, examining whether non-production of a Power of Attorney constitutes a curable procedural irregularity or a jurisdictional defect warranting termination of arbitral […]

One of the recurring questions under the Insolvency and Bankruptcy Code, 2016 (IBC) concerns the fate of pending civil suits and arbitral proceedings once a resolution plan receives judicial approval. Can an operational creditor whose pre-CIRP claim remains sub judice and is admitted only at a notional value of ₹1 continue pursuing litigation after approval of the resolution plan? In […]

Can landowners exclude their land from the Corporate Debtor’s insolvency process and the approved resolution plan by relying on a unilateral termination of the Development-cum-Collaboration Agreement shortly before commencement of CIRP? The issue lies at the intersection of proprietary rights, contractual autonomy, the Real Estate (Regulation and Development) Act, 2016 (“RERA”), and the Insolvency and Bankruptcy Code, 2016 (“IBC”). In […]