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Centre for Alternative Dispute Resolution,
RGNUL, Punjab
From Insolvency to Settlement: Can Section 12A of the IBC Be Reconceptualised as an ADR Mechanism?
Kartikey Narang This article argues that Section 12A of the Insolvency and Bankruptcy Code is more than a procedure for withdrawing insolvency cases and also creates an opportunity for negotiated settlements. However, the 90% creditor approval requirement, limited participation of operational creditors, and difficulties in enforcing settlements prevent it from functioning as a fully developed alternative dispute resolution mechanism. The 2026 amendment further restricts the s
Kartikey Narang
Jul 209 min read
The CADR Blog
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