…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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”….
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…
…are excluded, such as those related to capacity, family and inheritance relationships, insolvency, etc. Part Six deals with the complex problem of non-State law and various related terminologies, such as…
…this rationale, the Court identified an illustrative list of non-arbitrable disputes: criminal offences, disputes concerning family laws, insolvency and winding up, testamentary matters and tenancy disputes. Pertinently, the Court in…
…the conference with two panels on current issues in international arbitration dealing with “Arbitration and Insolvency” as well as “Costs and Efficiency in Arbitration”. Arbitration and Insolvency National Conference…
…be permitted (even if subject to some judicial oversight), it could pave the way for the arbitration of other disputes that have traditionally been considered non-arbitrable, such as insolvency disputes….
…be possible, as proven by the Lehman Brothers’ insolvency, to oust the jurisdiction of the courts in respect of the insolvency of other parties (i.e. Trustee, Swap Counterparty, etc.) to…
…of arbitration and arbitration related litigation only1)The funding of insolvency disputes is also permitted but this has evolved through developments in case law rather than by legislation . This means…
…the dispute is non-arbitrable. Insolvency matters are not entirely arbitrable. Karin GRAF and Brigitte UMBACH-SPAHN explore when a foreign arbitral award can be enforced in Swiss insolvency proceedings against an…
…guardianship, insolvency, winding up of companies and various matters which cover rights in rem. The appointment may eventually be rendered futile if the arbitral tribunal were to ultimately conclude that…
…the insolvency case, might result in preferential treatment of the award creditor. For more details on the impact of a Russian insolvency and other issues related to “Russian” arbitrations, see…
…the resolution of disputes, whether through arbitration, litigation, or corporate insolvency. Some of these statutory time-lines are arguably unreasonable given the judicial backlog, pendency of cases and lack of judges…
…met the burden, brushing aside a number of concerns raised by the claimants, including: the State’s role in contributing to the claimants’ insolvency, an argument whose assessment, according to the…
…tribunal. Secondly, the claimant’s unwillingness or inability to satisfy an adverse costs award may be a relevant issue. Inability can be gauged through ‘appearance of mere insolvency’ or ‘lack of…
…1 March 2017). Singapore abolished the tort of champerty and maintenance only for arbitration and related proceedings including arbitration-related court assistance, mediation, conciliation, or insolvency.3)Singapore Civil Law Act (Cap. 43),…
