Arbitration And Insolvency: An Overview From Latin America
…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…
Search Results for: insolvency
Aviation, Construction, Construction arbitration, COVID-19, Energy, Financial Industry, Insurance, Procedure, Remote hearings, Virtual hearings
‘International Arbitration and the COVID-19 Revolution’ (Part 2 of 2)
…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 Interplay of Insolvency Law and Arbitration in Thailand
…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…
A Dialogue on International Arbitration and Insolvency
…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…
The Contents of Journal of International Arbitration, Volume 37, Issue 4
…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…
The Impact of the COVID-19 Pandemic on Third Party Funding and Security for Costs in International Commercial Arbitration
…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…
Arbitrability, Arbitral seat, Arbitration Award, Arbitration clause, Arbitration institution, Arbitration Institutions and Rules, Enforcement, Paris Arbitration Week, Seat of the arbitration, Virtual hearings, Webinar
Paris Arbitration Week Recap: Do and Don’t’s When Choosing a Seat and Enforcing in CEE/CIS/Russia: State of Play
…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…
Frankfurt Court of Appeal Finds That Dissenting Opinion Violates Public Policy
…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…
Insolvency and International Arbitration: An Alternate Perspective
…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…
The Effect of Bankruptcy on Arbitrations Seated in Iran: Practical Insights from a Recent TRAC Case
…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…
Reimbursement of Advance on Costs Paid in Substitution for Defaulting Party: a Case Study Under the ICC Rules
…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…
The Primacy of the Court’s Supervisory Powers Under Sections 67 and 68 of the Arbitration Act 1996 in Minister of Finance (Incorporated) & Or v International Petroleum Investment Company & Or
…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…
Arbitration Clauses, Insolvency Proceedings, and a Lack of Consistency Across the Common Law
…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…
OHADA, Paris Court of Appeal, Primacy of International Law, Public Policy, Supranational Order, Uniform Acts
Paris Court of Appeal Upholds the Supranational Character of Ohada Law in An Action for Annulment of an Arbitral Award
…date, OHADA has adopted nine different uniform acts, which cover matters of, among others, general commercial law, insolvency, transport of goods, company law, and arbitration (the OHADA’s arbitration and mediation…
Arbitration Agreement, Arbitration Agreements, Arbitration Awards, Arbitration clause, Claims Trading
Assignment Without Privity: Disposal of Investment Claims
…result of the unlawful expropriation, the investor may lack the required financial resources to pursue its claim (similarly, to what happens in insolvency procedures, where the insolvency office-holder decides to…
Achmea, European Convention on Human Rights, European Court of Human Rights, ICSID, Intra-EU BITs, Intra-EU Investment Arbitration, Investment Arbitration
Could the Strasbourg Court be a Trump Card in the Enforcement of Arbitration Awards in Intra-EU ECT Disputes?
…jurisdiction, but enforcement had been abandoned after the insolvency of the debtor, a Governmental entity. The ECtHR took into account that the arbitration was governed by specific Ukrainian law which…
Arbitration clause, Asia-Pacific, Cross-border transactions, Financial Agreements, Financial Industry, Financial Services Arbitration, HKIAC, ICC, International Swaps and Derivatives Association, Self-help remedies, SIAC
Arbitration Trending in the Derivatives Context: Perspectives
…insolvency does not interfere with this mechanism by, for example, allowing the liquidator to “cherry pick” and argue that only amounts owing to the insolvent company should be admitted. Parties…
Indian Supreme Court Strikes Down Automatic Stay Provisions for Good
…automatic stays. The petitioners (infrastructure companies) approached the Court, pointing that they were being forced into insolvency even after the Indian Government and other government-owned companies owed them over INR…
The Contents of the Brazilian Arbitration Journal, Volume XVI, Issue 64 (December 2019)
…Insolvency of São Paulo in the Continental v. Quirós case, which handled the bankruptcy effects on pending arbitral proceeding and passive standing ad causam of the part that had not…
The Contents of the Asian International Arbitration Journal, Volume 14, Issue 2
…incongruence in national insolvency laws at play. Without a single cross-jurisdictional forum with policing-like powers to navigate these differences, detours from the certainty, speed, and predictability that insolvency law serves…
English Arbitration, Spanish Insolvency and David Guetta
…activated before the opening of insolvency proceedings. Had arbitration been pending, article 18 EIR Recast would have made English law applicable to define the effects of insolvency on the ongoing…
Does Investment Arbitration Threaten the Effectiveness and Integrity of EU Bank Resolution?
…justified on the basis of the no creditor worse off principle (‘NCWO’), meaning that investors should not be treated in resolution worse than they would have in national insolvency as…
Hong Kong Arbitration Week Recap: Private Equity, Financial Services and Insurance Disputes – Don’t Hesitate to Arbitrate!
…appropriateness of arbitration particularly for non-arbitrable claims in relation to minority shareholder oppression or insolvency. In response, Mr Powell promised to be the audience’s “guardian angel” following the previous “hogwash”….
AfCFTA, Africa, Arbitral seat, Arbitration Agreement, Arbitration Proceedings, Insolvency, International arbitration, Investment Arbitration, Investor-State arbitration
Vedanta Resources v Zambian State Mining Company ZCCM-IH: Does Anyone Win?
With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events…