…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…
…the insolvency laws also make a temporal distinction – the effects of the insolvency on the arbitration can depend on whether insolvency pre-dates arbitration or vice-versa. The fine print…
…of arbitral awards is also becoming more difficult during the pandemic, due to restricted mobility and backlogged courts, or because the award debtor is forced into insolvency, thus rendering the…
…the other creditors as well. Interaction Between Arbitration and Insolvency Proceedings Unlike the creditor who files an insolvency petition in court, a claimant in arbitration seeks to protect and…
…the arbitration agreement itself is in question, whether insolvency is seen as a procedural issue, the effect of domestic insolvency proceedings on ongoing international arbitration, etc. The Elektrim/Vivendi saga provides…
…that disputes which arise in the context of international insolvency proceedings could benefit from a more advanced use of arbitration. The article explains the arbitrability of disputes in insolvency proceedings…
…security for costs. Inversely, a threatened or actual insolvency of a party as a result of the pandemic may tip the scales in the applicant’s favour. Conclusion The financial…
…by statutes. Second, certain jurisdictions such as Czech Republic or Russia do not allow disputes regarding insolvency matters to be referred to arbitration. With respect to real property, while only…
…of investors. Only six months later Agfa Photo went into insolvency. The underlying arbitral proceedings were just one of more than ten arbitration and court proceedings that the insolvency administrator…
…claiming impairment may also be tackling insolvency. Insolvency legislations are designed with domestic economic objectives, aiming to support a state’s economic, social and political goals. Whether insolvency results in reorganization…
…Arbitration Proceedings Although the aim of an insolvency proceeding is to centralize the process of liquidation, there is always the possibility that an arbitration agreement was correctly concluded before such…
…for instance, potential insolvency of the counterparty. The rules of the leading institutions establish that, if there is a failure by one party to timely pay its share of the…
…insolvency contexts, does the fact that the courts are exercising public functions in those contexts necessarily mean that the court process should “trump” the arbitration? Second, what provisions will be…
…respectfully submit that the approach espoused by the Singapore and English Courts of Appeal does not take into account the practical realities of the insolvency regime in either jurisdiction for…
