…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…
…which typically arise in the context of insolvency. He added that he has seen an uplift of these claims in the last 1-2 years. The third category is classic claims…
…and well-considered approach to AI adoption is essential to effectively address the multifaceted challenges that AI poses in international arbitration. Cross-Border Insolvency and Commercial Disputes The third topical panel, moderated…
…next generation of disputes. Justice Christopher S. Sontchi (International Judge, Singapore International Commercial Court) kicked off the discussion by zooming in on disputes relating to cross-border insolvency. He observed that,…
…Justice (“STJ”) has ruled that State courts cannot invalidate an arbitration agreement on the basis of one of the parties’ financial insolvency caused by bankruptcy. Raphael Brandão Moreira &…
…insolvency law, incorporated in Israel through its 2019 Insolvency Law. Since the event took place, the Ministerial Legislative Committee approved the draft Model Law again. Two Developments at UNCITRAL Two…
…arbitrable and non-arbitrable insolvency issues. Arbitration and Insolvency: Why Is Compromise Between the Two Beneficial? Traditional insolvency regimes lack arbitration’s flexibility and efficiency. To address the rising number of insolvency-related…
…other services does CCB offer? In addition to the administration of arbitration proceedings, the Arbitration Center administers conciliation proceedings, mediation, and provides assistance to individuals and businesses in insolvency cases….
…2 provides that bankruptcy and insolvency proceedings do not affect the substantive validity of the arbitration agreement, introducing clarity in respect of an issue which remains contentious even in some…
