…by related investors – parts of the group of companies controlled by the Spanish construction group of the same name, now the subject of insolvency proceedings – with the same…
…Institution unveils a revolutionary new “turbo” arbitration clause allowing parties to super-expedite proceedings • Barry Leon’s proposal for a “deemed consent” to arbitration in national bankruptcy and insolvency laws and…
…short-circuiting third party rights, especially in the context of insolvency proceedings. That concern is baseless. The decisions rendered by arbitral tribunals will always be subject to compliance with the decisions…
…ICC arbitration proceeding seated in Frankfurt between insolvency administrators of two insolvent companies of the same group that had entered into a “Sales Processing and Servicing Agreement” (case no. I…
…assumed jurisdiction over the dispute. It held that the arbitration clause was not automatically terminated by the insolvency proceedings – and could not be terminated by the insolvency administrator based…
…several matters that do not fall within its scope of application. They include disputes about employment, consumer contracts, family law, insolvency and the validity of intellectual property rights other than…
…insolvency friends, “main centre of interest”, rather than nationality alone. The three presidents appointed by the ICC Court hail from the UK, Switzerland and Sweden. The Swede appointed president in…
…such as insolvency and family matters, but also in the core areas of civil and commercial matters. Judgments given by English courts will no longer profit from the free movement…
…a rigid or inflexible rule. Disputes relating to sub-ordinate rights in personam arising from rights in rem have always been considered to be arbitrable. (emphasis added)”. Thus although insolvency claims…
…extradition and insolvency proceedings started by Albania. The claimants submitted that those proceedings were brought in response to the arbitration in retaliation against the claimants to prevent them from being…
…award. Further, each of the Claimants and their related corporate entities are in some form of insolvency proceedings in Spain”. The tribunal continued by underlining that “Given the timing of…
…corporate, insolvency, or arbitral awards annulment proceedings, are exempt from the statutory negotiation duty. Insofar, by entering into settlement negotiations shortly before the limitation expiry, it is worth remembering that…
…case that Dan Cake initially claimed that the Portugal –Hungary BIT’s fair and equitable treatment provision was breached due to the fact that the Hungarian bankruptcy and insolvency legislation was…
…in different jurisdictions. Even if we consider typical commercial areas—intra-corporate disputes, securities, intellectual property, fair and unfair competition, distribution contracts, financial contracts, insurance, transport, insolvency, or regulated economic sectors (including…
…before 2012, all industrial property cases were heard by commercial courts which, especially in Lisbon, were tremendously busy with other cases such as, for example, shareholders disputes or insolvency matters,…
…Effect of Insolvency on Pending International Arbitration: What Is and What Should Not Be Situations in which the respondent in international arbitral proceedings is declared insolvent in its jurisdiction of…
…Council Regulation 1346/2000 of 9 May 2000 [“Insolvency Regulation”] which provides that “The effects of insolvency proceedings on a lawsuit pending […] shall be governed solely by the law of…
…Live Energy Disputes predicted that this effect could be tempered in part by the legal budgets of those involved and, in extreme cases by their insolvency, frustrating final recovery of…
…rather unique. It concerned a damage claim of an insolvent company against its previous insolvency trustee in connection with the sale of the assets of the insolvent company. According to…
…wind up a company on grounds of insolvency could not be stayed because it invoked a class right available to all creditors, whereas the situation was different in relation to…
…São Paulo and Chair of the ITA Young Arbitrators Initiative, moderated the first panel titled “Enforcement Against Bankrupt/Insolvent Companies.” This panel discussed the intersection of bankruptcy/insolvency proceedings and arbitration, focusing…
…29 May 2000 on insolvency proceedings (“EC Regulation”), which provides that “the effects of insolvency proceedings on a lawsuit pending concerning an asset or a right of which the debtor…
…some practical issues that co-venturers should consider when including a forfeiture clause in their JOA: 1. In the event of insolvency, forfeiture of a defaulting party’s PI would give unfair…
…by Dubai Decree No 11 of 2010). The DWT was part of a legislative insolvency package aimed at offering Dubai World’s many creditors a degree of certainty and a neutral…
