Brexit – Immediate Consequences on the London Judicial Market
…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…
Search Results for: insolvency
A False Start – Uncertainty in the Determination of Arbitrability in India
…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…
Criminal Proceedings and Provisional Measures in ICSID Arbitrations: The Legitimate Exercise of a State’s Police Powers Versus the Ability to Advance Claims in Arbitration
…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…
The Conduct of Bad Faith in Arbitration by States
…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…
Flash, Flash! Hundred Yard Dash: Limitation Defence in the Russian Arbitration Practice
…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…
‘Denial of Justice’ as a Basis for the ICSID Ruling against Hungary
…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…
Is a Uniform Arbitrability Rule Needed at an International Level?
…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…
Arbitrating Intellectual Property Disputes in Portugal: A Case Study
…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,…
The Contents of Journal of International Arbitration, Volume 32, Issue 5, 2015
…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…
The Effects of Bankruptcy on Arbitration: An Unresolved Issue of Characterization and Applicable Law
…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…
Crude Oil Prices – What Lies Ahead for Arbitration Lawyers?
…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…
Restrictive Tendencies in Hungarian Arbitration Law – Arbitration Agreements Are Not Enforceable Against Companies under Involuntary Liquidation
…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…
Post-Chinese New Year Review of 2014 Arbitration Developments in Hong Kong
…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…
26th Annual ITA Workshop: Young Arbitrators Dallas Roundtable
…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…
Impact of Foreign Bankruptcy Proceedings on Pending Arbitrations in Switzerland: Need for a Change in Swiss Legislation?
…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…
To Forfeit or not to Forfeit? – Enforceability of Forfeiture Clauses in Oil and Gas Joint Operating Agreements (JOA)
…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…
Dubai – a hub for international arbitration?
…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…
Insolvency, Jurisdiction, Jurisdiction of the arbitral tribunal, Law governing the arbitration, Switzerland
Insolvency and arbitration: Swiss Supreme Court revisits its Vivendi vs. Elektrim decision
…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…
Key Developments in Relation to Arbitration in Dubai
…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…
Singapore Apex Court Lays Down Clear Framework for Arbitrability of Insolvency-Related Claims
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…
Siemens – Dutco Revisited? Balancing Party Autonomy and Equality of the Parties in the Appointment Process in Multiparty Cases
…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…
Arbitration Awards, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Domestic Courts, Europe
French Courts firmly reject anti-arbitration injunctions
…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…
Arbitration Awards, Arbitration Proceedings, Domestic Courts, Enforcement, Europe, Other Issues, Public Policy
International Arbitration and French Insolvency Proceedings: French Supreme Court Reiterates Importance of Public Policy
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…
Arbitration Institutions and Rules, Arbitration Proceedings, Asia-Pacific, Commercial Arbitration, National Arbitration Laws
Demystifying the Settlement of Disputes in China – Roundtable Discussion on CIETAC Practice
…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…