Airline Insolvencies

15 Pages Posted: 13 Oct 2020

See all articles by Akshaya Kamalnath

Akshaya Kamalnath

AUT Law School, AUT Univrsity

Hitoishi Sarkar

Gujarat National Law University

Date Written: October 8, 2020

Abstract

An important aspect of business is the possibility of insolvency. India’s new insolvency law, the Insolvency and Bankruptcy Code, 2016 (IBC) has attempted to streamline insolvencies and facilitate restructuring; although there are particular issues for airline insolvencies. The issue of cross-border insolvencies further remains unaddressed in the IBC and is particularly relevant to airlines. This chapter aims to outline international best practices in corporate insolvency and also India’s approach; with a specific focus on the civil aviation sector.

This chapter is divided into five parts. The first part is the introduction. The second part gives an overview of the goals of corporate insolvency and the legislative framework in India. Part III explores specific solutions for insolvencies of companies in the civil aviation sector internationally. Part IV details airline insolvencies in India and Part V concludes with some thoughts about the future legislative reform and development in India.

Keywords: Airline insolvency, cross-border insolvency, India, IBC, COVID-19

JEL Classification: K2

Suggested Citation

Kamalnath, Akshaya and Sarkar, Hitoishi, Airline Insolvencies (October 8, 2020). Available at SSRN: https://ssrn.com/abstract=3707823 or http://dx.doi.org/10.2139/ssrn.3707823

Akshaya Kamalnath (Contact Author)

AUT Law School, AUT Univrsity ( email )

120 Mayoral Drive
Auckland, Victoria 1010
New Zealand

Hitoishi Sarkar

Gujarat National Law University

Attalika Avenue
Knowledge Corridor
Koba, 382007
India

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