AI Impacting Three Stages of Insolvency

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The pandemic’s rapid spread caused governments globally to realize they were dealing with a developing

worldwide economic crisis. Hence, aftermath global pandemic the countries have considerably modified the
policies, guidelines, and practices all around the world for swift recovery and functioning of economies.
Apropos, many key professions and legal activities have become more digitalized. Particulary, the legal world
started shifting towards “machine learning” and “artificial intelligence” (AI) for prompt redressal of business
and financial matters to aid the economy. Globally, one of the most notable areas of law where the shift is traced
is insolvency proceedings for its relation to accounts and finance. 

In India, there have been constant efforts made by the government and the Insolvency Bankruptcy Board of
India (IBBI) to speed up the insolvency resolution and liquidation process. Recently, IBBI issued discussion
papers on “reduction in delays in Corporate Insolvency Resolution Process” (CIRP) and “streamlining the
liquidation process”. However, the huge number of filed cases, the complexity of the process, and the labyrinth
of documents keep on dragging down such attempts. Moreover, earlier this march, while addressing a national
level colloquium, the National Company Law Tribunal (NCLT) president suggested the peremptory aspect of
early insolvency resolution to be the development of AI. AI can aid in the desired time-bound process of
insolvency laws in the country and this era of “big data” can make the whole process a lot easier and more lucid
for the stakeholders. 

The article aims to transverse into the future and explores the unexplored potential and capability of AI in
insolvency laws in all three pre-insolvency, CIRP, and liquidation stages. It looks into the global adoption of AI
to strengthen the argument of streamlining the insolvency resolution process through AI.

AI impacting three stages of Insolvency

AI is the theory and development of computer systems able to perform tasks normally requiring human
intelligence, such as visual perception, speech recognition, decision-making, and translation between languages.
Machine learning, deep learning, artificial neural networks, rule-based expert systems, and natural language
processing are examples of artificial intelligence technologies employed in worldwide insolvency and
bankruptcy processes. These technologies have the potential to augur the possibility of a company becoming
insolvent and help in the admission of cases. Many times it can also be beneficial in providing a competent
resolution plan by analyzing earlier similar cases and the outcome of resolution plans. 

i. Pre-Insolvency

The process of Insolvency in India is a time-consuming and exhausting one as it requires the formation of
elaborative plans and documents. To accelerate the process, one viable solution can be predicting insolvency at
an early stage or pre-insolvency stage. Predicting a company’s insolvency can provide investors with foresight,
enabling them to minimize the risk. Before the technological advancements, experts used to predict insolvency
taking into account the financial health of a company. However, the advent of AI has been a breakthrough in
assessing insolvency as it possesses the potential to revolutionize the process in terms of time and resource
efficiency.

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