2024 in Review: MENA
…leaders from across the world discussed class actions against big tech, the legal intricacies of climate disputes, emerging trends in insolvency and restructuring, and regulatory guardrails and ethics for the…
…leaders from across the world discussed class actions against big tech, the legal intricacies of climate disputes, emerging trends in insolvency and restructuring, and regulatory guardrails and ethics for the…
…the award would severely prejudice Astaldi’s rights by putting it at risk of violating Italian insolvency law and creditor equality principles, potentially leading to unbearable financial sanctions. Leading Hearing…
…have been active with their arbitration-related caseload this year, providing guidance on issues at the intersection between arbitration and other areas of law and jurisdictions. Arbitration and Insolvency First,…
…that are also subject to insolvency proceedings. Contributors raised the need for an international consensus on the approach taken by the courts on this issue, following a comparison of the…
…7563 (1993) [seat Paris, French insolvency law], 7337 (1996) [seat Germany, Swedish insolvency law] and 7205 (1993) [seat Paris, French insolvency law]). Therefore, the award might be a valid title…
…current proposal to subject all the effects of insolvency in arbitration to the law of the State in which insolvency proceedings have been opened (the lex fori concursus). The…
…further insight into where it may be appropriate, e.g., in cases of insolvency of one of the parties during the course of the proceedings. This year alone, the SCC has…
…on English law in the context of potential foreign insolvency proceedings. Aiteo requested further information. DEG responded on 9 December 2023, making further disclosures. DEG’s Removal as Arbitrator On 12…
…treat disputes which arise upon the onset of insolvency, due to the statutory insolvency regime, as non-arbitrable. Even for disputes that stem from pre-insolvency rights and obligations, arbitration agreements should…
…capacity of natural persons; (b) maintenance obligations; (c) other family law matters, […]; (d) wills and succession; (e) insolvency, composition, […]; (f) the carriage of passengers and goods;” etc. Once…
…to its discretion to wind up a company under section 122(1) of the English Insolvency Act 1986. The court was concerned that to hold otherwise would encourage parties to bypass…
The impact of arbitration clauses on winding-up proceedings (i.e., if both are present, when and how can the former get prioritized over the latter) has long been an issue with…
…funders might mitigate their financial risks, it was noted that funders require robust financial protections, such as security for costs, to address the potential insolvency of claimants. Further, the importance…
…Stafford said creativity is needed in such circumstances since it is not possible to obtain freezing injunctions or deploy insolvency strategies. He explained that, in England and Wales, the commercial…
…CGC claimed this transfer was to evade enforcement, violating 423 of the Insolvency Act 1986 (the “Act”). The Fund and NIOC countered that the Fund was the beneficial owner, citing…
…first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. On 12 January 2024, the English Court of Appeal issued an important…
…but leaves certain issues, especially in insolvency proceedings, to be determined by national law. Chloë Bell emphasized that in the case of insolvency, the proprietary status of crypto assets is…
…KSA’s Bankruptcy Law aimed to replace the previous fragmented regulatory framework for insolvency, aligning with the Saudi Vision 2030 to boost economic activity and international investment. In the intervening six…
The 11th annual Dublin International Arbitration Day took place on 17 November 2023 at the Distillery Building, Dublin 7. A conference famed for its action-packed schedule, range of panels on…
…Corporate Insolvency Resolution Process (“CIRP”) in India is codified in the Insolvency and Bankruptcy Code, 2016 (“IBC”), which distinguishes between financial creditors and operational creditors.14)Vidarbha Industries Power Ltd. v. Axis…
…Disputes, Maxi Schrerer on The Effects of Insolvency on International Arbitration, Ank Santens’ critical discussion on Costs in International Arbitration: A Plea for a Debate on Early Guidance by the…
…of Commerce International Arbitration Centre. She has more than 30 years of experience in commercial, intellectual property, tax, insolvency, labour and industrial disputes. Her experience extends to international and domestic…
…When a moratorium on the collection of debts from the third party was ordered as part of insolvency proceedings of the third party, the Court found that enforcement of the…
…insolvency estate, including application of a stay of proceedings, and, if it applies, its scope and duration, modification and termination”. That is, the law of State in which insolvency proceedings…