https://www.taxtmi.com/caselaws?id=795792 Prior approval under the proviso to Section 33(5) of the Insolvency and Bankruptcy Code is mandatory before a liquidator invokes arbitration for a corporate debtor, because an arbitration request commences proceedings on receipt and approval must precede invocation. However, non-compliance does not make the invocation void from inception, as Section 33(5) does not prescribe that consequence. Post facto approval makes the invocation effective from the approval date, preserving potential recoveries for the liquidation estate while requiring subsequent arbitral steps to run from that date. The notes state that a sole arbitrator was appointed to determine the contractual disputes. en-us Wed, 22 Jul 2026 00:00:00 +0530 Tue, 28 Jul 2026 08:30:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=795792 Prior approval under the proviso to Section 33(5) of the Insolvency and Bankruptcy Code is mandatory before a liquidator invokes arbitration for a corporate debtor, because an arbitration request commences proceedings on receipt and approval must precede invocation. However, non-compliance does not make the invocation void from inception, as Section 33(5) does not prescribe that consequence. Post facto approval makes the invocation effective from the approval date, preserving potential recoveries for the liquidation estate while requiring subsequent arbitral steps to run from that date. The notes state that a sole arbitrator was appointed to determine the contractual disputes. Case-Laws IBC Wed, 22 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795792