India's new insolvency law, the Insolvency and Bankruptcy Code 2016 (‘IBC’) was introduced to improve the efficiency of the resolution process. Although there is much to be credited in the law, the practice of it has shown that the process is often delayed by excessive litigation. This article aimed to study delays under the IBC by looking at the application of the law and providing an alternative feminist assessment. This assessment highlights that a feminist value missing from the practice of the IBC is the inclusion of stakeholders, and particularly a non-adversarial system that helps stakeholders manage and resolve conflict amicably (and expeditiously) during insolvency resolution. Litigation before tribunals and courts to adjudicate upon stakeholder conflict often leads to significant delays. The article proposes a model that nudges parties towards mediation during a Corporate Insolvency Resolution Process (‘CIRP’) within the IBC, in order to preserve relationships and reduce delays.

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在印度的公司决议流程中增加调解

印度引入了新的破产法，即 2016 年破产和破产法（“IBC”），以提高解决程序的效率。尽管该法律有很多值得称赞的地方，但它的实践表明，该过程往往因过度诉讼而延误。本文旨在通过研究法律的适用和提供另一种女权主义评估来研究 IBC 下的延误。该评估强调，IBC 实践中缺少的女权主义价值观是利益相关者的参与，特别是一种非对抗性系统，可帮助利益相关者在破产解决期间友好地（和迅速地）管理和解决冲突。在法庭和法院提起诉讼以裁决利益相关者冲突通常会导致严重延误。