A Comprehensive Exploration Over The Efficacy Of Dispute Resolution Mechanism In Resolving Insolvency Disputes In India.
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| Title: | A Comprehensive Exploration Over The Efficacy Of Dispute Resolution Mechanism In Resolving Insolvency Disputes In India. |
|---|---|
| Authors: | Banerjee, Jyotirmoy1, Kumar, Roopesh2 |
| Source: | Educational Administration: Theory & Practice. 2023, Vol. 29 Issue 4, p384-395. 12p. |
| Abstract: | The prevailing method for resolving insolvency disputes, adjudication, presents notable challenges such as the common pool problem, business disruption, and high litigation costs. This prompts the question of whether insolvency disputes can find resolution without adjudication, through online dispute resolution mechanisms. Dispute resolution mechanism has emerged as a viable counterweight to adjudication in insolvency cases, offering avenues to circumvent its inherent shortcomings. Unlike adjudication, dispute resolution mechanism endeavors to achieve a peaceful settlement, fostering agreements between debtors and creditors. Additionally, it aims to reconcile conflicting interests inherent in insolvency cases, namely, the continuation of the debtor's business and the satisfaction of creditors' claims. Furthermore, dispute resolution mechanism proceedings offer privacy, keeping disputes out of the public eye. Leading prodebtor nations such as the United States of America and France have already implemented Dispute Resolution mechanisms for insolvency disputes, paving the way for its potential adoption and development in other jurisdictions. This paper delves into the promise and efficacy of dispute resolution mechanism in revolutionizing insolvency dispute resolution, drawing insights from successful implementations in key jurisdictions. [ABSTRACT FROM AUTHOR] |
| Copyright of Educational Administration: Theory & Practice is the property of Educational Administration: Theory & Practice and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.) | |
| Database: | Education Research Complete |
| FullText | Links: – Type: pdflink Text: Availability: 0 |
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| Header | DbId: ehh DbLabel: Education Research Complete An: 183872699 AccessLevel: 6 PubType: Academic Journal PubTypeId: academicJournal PreciseRelevancyScore: 0 |
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| Items | – Name: Title Label: Title Group: Ti Data: A Comprehensive Exploration Over The Efficacy Of Dispute Resolution Mechanism In Resolving Insolvency Disputes In India. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22Banerjee%2C+Jyotirmoy%22">Banerjee, Jyotirmoy</searchLink><relatesTo>1</relatesTo><br /><searchLink fieldCode="AR" term="%22Kumar%2C+Roopesh%22">Kumar, Roopesh</searchLink><relatesTo>2</relatesTo> – Name: TitleSource Label: Source Group: Src Data: <searchLink fieldCode="JN" term="%22Educational+Administration%3A+Theory+%26+Practice%22">Educational Administration: Theory & Practice</searchLink>. 2023, Vol. 29 Issue 4, p384-395. 12p. – Name: Abstract Label: Abstract Group: Ab Data: The prevailing method for resolving insolvency disputes, adjudication, presents notable challenges such as the common pool problem, business disruption, and high litigation costs. This prompts the question of whether insolvency disputes can find resolution without adjudication, through online dispute resolution mechanisms. Dispute resolution mechanism has emerged as a viable counterweight to adjudication in insolvency cases, offering avenues to circumvent its inherent shortcomings. Unlike adjudication, dispute resolution mechanism endeavors to achieve a peaceful settlement, fostering agreements between debtors and creditors. Additionally, it aims to reconcile conflicting interests inherent in insolvency cases, namely, the continuation of the debtor's business and the satisfaction of creditors' claims. Furthermore, dispute resolution mechanism proceedings offer privacy, keeping disputes out of the public eye. Leading prodebtor nations such as the United States of America and France have already implemented Dispute Resolution mechanisms for insolvency disputes, paving the way for its potential adoption and development in other jurisdictions. This paper delves into the promise and efficacy of dispute resolution mechanism in revolutionizing insolvency dispute resolution, drawing insights from successful implementations in key jurisdictions. [ABSTRACT FROM AUTHOR] – Name: AbstractSuppliedCopyright Label: Group: Ab Data: <i>Copyright of Educational Administration: Theory & Practice is the property of Educational Administration: Theory & Practice and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.) |
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| RecordInfo | BibRecord: BibEntity: Identifiers: – Type: doi Value: 10.53555/kuey.v29i4.2197 Languages: – Code: eng Text: English PhysicalDescription: Pagination: PageCount: 12 StartPage: 384 Titles: – TitleFull: A Comprehensive Exploration Over The Efficacy Of Dispute Resolution Mechanism In Resolving Insolvency Disputes In India. Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: Banerjee, Jyotirmoy – PersonEntity: Name: NameFull: Kumar, Roopesh IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 10 Text: 2023 Type: published Y: 2023 Identifiers: – Type: issn-print Value: 13004832 Numbering: – Type: volume Value: 29 – Type: issue Value: 4 Titles: – TitleFull: Educational Administration: Theory & Practice Type: main |
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