The Intersection Of Insolvency And M&A In India: Mediation As A Key To Future Policy And Practice
- IJLLR Journal
- Jan 31
- 1 min read
Sanjith S, LL.B., Symbiosis Law School, Pune
ABSTRACT
The research paper delves into the application of the mediation mechanism in settling disputes around Mergers and Acquisitions involving Financially Distressed Companies in India while also examining the integration of mediation into existing legal framework. The research identifies the factors influencing the successful mediation settlement involving distressed companies' mergers by making a comparative analysis of economically super power countries’ legislations and practice, particularly from the United States and the European Bankruptcy, ADR, and Competition Laws. The paper points out the opportunities and challenges of positioning India's mediation approach, comparing to International Practices and Track Records, establishing the potential advantages on refining the existing laws, and promoting efficient settlement of disputes involving high stakes. The research paper, by analysing International Legislations, Legal Scholars', and Experts' opinions, case studies, and scenarios, addresses loopholes of the existing legislations and recommends that while India making progress, further actions and efforts are needed to affirm the successful and reliable application of mediation for the disputes around Insolvency and Mergers and Acquisitions (M&A) transactions.
Keywords: Mediation; Insolvency; Mergers and Acquisitions (M&A); Mediation Act 2023, Killer Acquisition.
