…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),…
…conjugal rights, child custody; Guardianship matters; Insolvency and winding up matters; Testamentary matters (grant of probate, letters of administration and succession certificate); Eviction or tenancy matters governed by special statutes…
…Adamescu, a media and insurance tycoon, who died in custody while serving a four-year prison sentence for bribing judges to influence insolvency proceedings relating to his companies. Alexander Adamescu, was…
…Exclusive jurisdiction of the Serbian state courts, a rare occurrence as it is, has been mostly discussed in terms of real property rights, insolvency proceedings, privatisations, intellectual property rights and…
…the KRG over non-payment of continuing supplies under the Contract at the risk of insolvency. In further course, the KRG attempted a section 68 action before the English High Court…
…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…
