…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…
…decision had engendered. Other than in Vivendi vs. Elektrim, it came to the conclusion that the insolvency of a party does not affect the arbitral tribunal’s jurisdiction. The facts of…
…subsidiaries in the aftermath of Dubai World’s restructuring first announced in late 2009. The DWT formed part of a legislative insolvency package aimed at offering Dubai World’s many creditors a…
The Singapore Court of Appeal issued a decision recently articulating a principled framework for the arbitrability of insolvency-related claims. It provides useful guidance on when an insolvency-related claim would be…
…approach. In arbitral proceedings initiated by the insolvency administrator of a project company against two of its shareholders, the Court appointed a joint arbitrator for the two defendants as requested…
…placed in insolvency proceedings in Equatorial Guinea and that only the receiver appointed by the local court had powers to represent it. The arbitral tribunal rendered a partial award upholding…
On May 6, 2009, the French Supreme Court rendered a decision relating to the consequences of insolvency proceedings commenced in France against a party to pending international arbitration proceedings (Jean…
…local party time to create a “pseudo-insolvency” by siphoning off money from the liable entity to subsidiaries and partnerships out of the reach of an enforcement proceeding. Although this may…
…question of the effects of the insolvency proceedings on the arbitration. The Court based its decision on Article 15 of the EU Insolvency Regulation (inapplicable in Switzerland) which provides that…
