…to terminate the Contract on the basis that OAS had abandoned the works and for OAS’s insolvency, respectively). Further, the Tribunal failed to explain how the evidence adduced by OAS…
…a court-appointed receiver appointed under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the ‘BIA’), the arbitration agreements in the contracts sought to be enforced by the receiver in…
…INSOLVENCY: THE SPANISH LEGAL FRAMEWORK The Spanish Recast Insolvency Act (“SRIA“) entered into force on 1 September 2020. In essence, the interplay between insolvency and arbitration is regulated under article…
…enforcement. Fostering Canada’s pro-arbitration standing, courts were generally adamant about referring commercial parties to arbitration, although a few exceptions that arose in insolvency contexts are worth mentioning. In the sphere…
…sections 243(1)(c) and 183(1) of the Bankruptcy and Insolvency Act (the “BIA”), which provided for broad jurisdiction of superior courts in bankruptcy and insolvency matters generally, and in relation to…
…preclude the operation of arbitration legislation. The panelist noted that the Supreme Court of Canada would probably provide further clarifications on the interplay between arbitration and insolvency in Peace River…
Allen & Overy’s webinar on the second day of Hong Kong Arbitration Week 2022 brought together six practitioners from the fields of arbitration, insolvency and enforcement to discuss the key…
…creativity that arbitration affords to different stakeholders (counsel, arbitrator, institution) makes arbitration reliable and innovative in challenging times. Turning to the collision of arbitration and insolvency (explored in the Blog…
…its urgent need for capital and potentially imminent insolvency. HKIAC rejected the request on the basis that, among other things, the Claimant did not make out a case of exceptional…
…differed and questioned whether this is desirable to the legal services industry. She elucidated that the law firm’s cash flow is not protected from the risk of insolvency as clients…
…years, Taglia’Apau requested (i) a revision of the contract and (ii) compensation for losses suffered due to a lower margin than anticipated. In 2016, Taglia’Apau became subject of insolvency proceedings…
Insolvency-related claims arising from contracts containing arbitration clauses continue to culminate in intriguing cases before the England and Wales High Court (a previous post on the Blog analysed the Riverrock…
…and the Republic of Croatia for the Promotion and Protection of Investments (the “Austria-Croatia BIT”) in connection with certain changes made to Croatian insolvency law. 2) The arbitration appears to…
…a series of legislative and jurisprudential developments, which were reported in 2021: On January 23, 2021, the New Brazilian Insolvency Act entered into force, which for the first time, regulated…
…the Superintendency of Finance ordered Granahorrar to raise approximately US$ 99.8 million in new capital to offset its insolvency. Granahorrar could not raise the additional capital. In consequence, the Superintendency…
…under insolvency proceedings. Another case initiated by US investors (B-Mex) in 2016, is calling a NAFTA tribunal to assess due process by Mexican amparo courts, as the investors claim they…
…provides an illustrative list of the non-arbitrable disputes, which include disputes related to insolvency, marriage, divorce and paternity. Additionally, article 34.1 of LICA stipulates that if “[t]he subject matter of…
…financial standing continued to deteriorate. On October 2, 1998, the Superintendency of Finance ordered Granahorrar to raise approximately US$ 99.8 million in new capital to offset its insolvency. Granahorrar, however,…
…there are some disputes which are not arbitrable, like insolvency. In such instances, SICC may be available as an option. She concluded that both systems are complementary but there may…
…applicable to proceedings which may be categorised as “suits” under the CPC and would not be applicable, for instance, to initiate insolvency suits (see AIR 1940 Cal 244), probate proceedings…
…the intersections between the arbitration and insolvency regimes are numerous and multi-faceted, (Jennifer Permesly et al., ‘IBA Toolkit on Insolvency and Arbitration’, International Bar Association (March 2021, last accessed 18…
…Claims Filed after the Initiation of Insolvency Proceedings are not Arbitrable At the outset, the Swiss Supreme Court clarified that a claim against an insolvent Swiss party is not arbitrable…
…insolvency, in rem rights in immovable property, internal corporate matters, validity and infringement of intellectual property rights, various maritime matters, “antitrust (competition) matters,” and various tort claims. Three Basic…
…disputes. She mentioned that the present-day third-party funding industry has its roots in insolvency funding and predicted that there are likely to be many funded insolvency-related disputes that arise due…
