…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…
…decade-long ICC arbitration between Company X’s insolvency administrator (Claimant) and its former parent, Company Y (Respondent, jointly with Claimant, the Parties), ended with an award dismissing the Claimant’s request. The…
…COVID-19 (e.g., insolvency triggered by delays or failed agreements), in contrast to the typical preference to proceed quickly. Tribunals may choose to bifurcate proceedings, so that issues of quantum can…
…state-owned company and the enforcement of an arbitral award would cause suspension of its operations and insolvency, which in turn would impact the monetary interests of Ukraine and lead to…
…complexity resides on the lack of specific legal provisions dealing with (i) the arbitrability of insolvency issues, (ii) the effects of insolvency proceedings on arbitration agreements, and (iii) the effects…
…measures impacting the legal framework of various jurisdictions in the region. A new ‘hot topic’ arising from the COVID-19 pandemic is the interplay between arbitration and insolvency. This has led…
…to pay their creditors. Those administrators can either help the company try to survive or liquidate the company’s assets to pass on to creditors. Either way, insolvency administrators often pursue…
…agreement should not extend to claims which only arise on a company’s insolvency”. Moreover, the expansive wording of the parties’ arbitration agreements “(“under or …. in connection with”)”, as per…
