Download or read book Arbitration and Insolvency written by Richard Bamforth and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the increasing number of challenges facing the business world, this critical book explores the inherent collision course between insolvency and international arbitration. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; and how insolvency impacts on enforcement of arbitral awards.
Download or read book Insolvency in Commercial Arbitration written by Fabian van den Ven and published by Kluwer Law International B.V.. This book was released on 2023-08-31 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.
Download or read book Crossroads of Insolvency and Arbitration written by Ishaan Madaan and published by Kluwer Law International B.V.. This book was released on 2022-06-09 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law Yearbook of International Business, Volume 43A Each year, a Special Issue of the Comparative Law Yearbook of International Business is published under the auspices of the Center for International Legal Studies. The 2022 Special Issue addresses the intersection of arbitration and insolvency. This junction has been made all the more topical and intense by the adverse effects of Covid-19 on a broad range of businesses’ finances and supply chains, and by the still growing recourse to arbitration (and other forms of alternative dispute resolution) to resolve business disputes. A diverse pool of contributors gives a broad range of perspectives from Europe (Italy, Lithuania, the United Kingdom), the Middle East (Palestine, UAE), Asia (India), Africa (Zimbabwe), North America (Canada) and public international law on several common issues posed when one or more parties to an arbitration (agreement) are faced with a financial crisis – or vice versa when an overindebted party is expected to resolve claims that it has or faces, not in State courts but before “private” adjudicators. This Special Issue is aimed at bringing to fore the multitude of issues that exist at the convergences of the domains—a step toward better understanding the intricacies and the complexities that arise in different jurisdictions, and how stakeholders react. To highlight just a few of the aspects addressed: the law to be applied by arbitral tribunals in regard to insolvency issues; insolvency arbitrations and tax claims; how the representatives of bankrupt entities may participate in international investment claims; avoidance of transactions and anti-suit injunctions; and the uneasy but unavoidable cohabitation of insolvency and arbitration in the Middle East and North Africa Region.
Download or read book Insolvency Proceedings and Commercial Arbitration written by Vesna Lazić and published by Springer. This book was released on 1998-11-18 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the work, introductions and conclusions serve as overviews of particular components of the study, and set out the observations drawn. An overall summary and conclusion section crystallizes the points made
Download or read book International Arbitration and Cross border Insolvency written by Simon Vorburger and published by Kluwer Law International. This book was released on 2014 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.
Download or read book Arbitration and Insolvency Conflict of Laws Issues written by Marta Tsvengrosh and published by LAP Lambert Academic Publishing. This book was released on 2011-12 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the insolvency proceedings have been filed in a country different from the place of arbitration (cross-border insolvency), the arbitrators face difficult questions, including those referring to the effects of the foreign insolvency proceedings on the arbitration pending. This paper discusses whether cross-border insolvency can be a per se obstacle to international arbitration, and whether there are foreign insolvency laws that can neutralize pending arbitration proceedings. This paper emphasizes the importance of correctly characterizing issues arising in cross-border insolvency/arbitration. The relevance of correct characterization is illustrated by the Vivendi/Elektrim dispute, which led to conflicting decisions in England and Switzerland. This paper also analyzes whether foreign insolvency provisions limiting a tribunal's jurisdiction may be applied as mandatory rules.
Download or read book Emergence of Commercial Justice Insolvency Arbitration First Edition written by Vivek Sood and published by Bloomsbury Publishing. This book was released on 2021-06-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the Book If the 1991 reforms globalized the Indian economy and brought vibrancy to the corporate sector, the year 2015-2016 can be said to have ushered the concept of 'commercial justice' that never existed in India. Prior to this, the legal system was classified between civil and criminal justice only without any concept of commercial justice which has emerged through two significant legislations- The Insolvency & Bankruptcy Code, 2016 and The Arbitration & Conciliation (Amendment) Act, 2015. These legislations are path-breaking and have far reaching implications for the Indian economy and the business world. The Supreme Court in a short span of five years has interpreted these legislations in certain important judgements, giving certainty in the scope and application of these laws. These significant judgements of the Apex Court have been analyzed in this book. In the regime prior to the Insolvency & Bankruptcy Code, 2016, the debtors laughed and the creditors cried, in other words, it was a debtors' paradise and creditors' hell. The 2016 legislation brings a paradigm shift in favour of creditors and the Apex Court has reinforced the letter and spirit of the law by its judgements as also the democracy in insolvency resolution through the Committee of Creditors (CoC). The nuances of the law have been analyzed in the book through case-law. The Apex Court has interpreted the Arbitration & Conciliation (Amendment) Act, 2015 to bring the arbitration law in sync with the global arbitration landscape. The principles of fairness in arbitration as also the minimal interference with arbitral awards have been emphasized by the Supreme Court. Vexed questions that took decades to be decided have been settled in record time so as to give clarity to the business world. The book simplifies and demystifies legal complexities through Supreme Court judgements, for the benefit of readers including Law students, young Corporate Lawyers, In-house Corporate Counsel, Company Secretaries and Chartered Accountants.
Download or read book Interaction Between Arbitration and Insolvency Proceedings written by and published by . This book was released on 2004 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Effect of Insolvency on Pending International Arbitration written by Deyan Draguiev and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Situations in which the respondent in international arbitral proceedings is declared insolvent in its jurisdiction of incorporation while the arbitration is still pending are not uncommon. They raise a number of choice of law issues both in terms of substantive and procedural law. While the roots of arbitration lie in party autonomy, insolvency laws are often comprised of mandatory rules protecting the interests of different classes of stakeholders. This article attempts to devise an abstract model of the various choice of law and characterization problems regarding the cross-border effect of the insolvency and provide reasoned options and solutions for the arbitral tribunal faced with the interaction between insolvency and pending arbitration proceedings. It is suggested that it is part of the arbitrators' duty to render an enforceable award to consider cautiously the effects of insolvency, especially if there is a risk of a clash with the mandatory framework of insolvency either at the seat of the arbitration or the likely place of enforcement of the award. The arguments are tested against recent case law of various national courts having reviewed the conflicts between arbitration and insolvency.
Download or read book Emergence of Commercial Justice written by Vivek Sood and published by . This book was released on 2021 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nigeria written by Dr Kubi Udofia and published by . This book was released on 2016 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal insolvency law proceedings are usually collective and centralised in nature, overriding certain pre-insolvency agreements in order to achieve specific down objective(s) for the benefit of all creditors. In contrast, arbitration favours privity of contracts and party autonomy. Parties' agreement to arbitrate their dispute is considered as sacrosanct regardless of the circumstances. There is therefore a potential for conflict when a dispute touches on these two regimes. In In re United States Line, 197 F. 3d 631 at 640 (1999), a US court described such as “a conflict of near polar extremes” given that the insolvency policy “exerts an inexorable pull towards centralisation while arbitration policy advocates a decentralised approach towards dispute resolution.” This article examines the possible legal implications of formal insolvency proceedings on arbitration agreements, as well as the possible impact of arbitration agreements on insolvency proceedings. The analysis is limited to compulsory winding-up proceedings and where the seat of arbitration and the place of opening of insolvency proceeding is Nigeria. Different considerations will apply in cross-border insolvencies and international arbitral proceedings.
Download or read book Insolvency of Football Clubs and Sporting Succession written by Vitus Derungs and published by Stämpfli Verlag. This book was released on 2022-08-05 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic collapse of football clubs occurs time and again. Some clubs manage to save themselves by means of financial restructuring measures, others are dissolved and disappear from the scene, and still others resurrect as new clubs, often with colours, crest and a name that are very similar to the dissolved club – so-called "sporting successors". Financial claim proceedings against insolvent football clubs and sporting successors before the bodies of FIFA and the Court of Arbitration for Sport (CAS) raise various complex legal issues. Recently adopted FIFA regulations address some of these issues, others have been answered by the case law of FIFA and CAS. This book provides legal practitioners with a conclusive overview of the current legal situation concerning financial claim proceedings against insolvent football clubs and sporting successors before FIFA and CAS.
Download or read book Arbitration and Insolvency Proceedings written by Hasinah Yusuf and published by . This book was released on 2004 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Law written by Ronny Jänig and published by Universitätsverlag Göttingen. This book was released on 2012 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ongoing technological evolution has brought people closer together. They exchange goods in great numbers across the world - numbers which nobody could have imagined a decade ago. This development has moved comparative law right into the spotlight. The essays collected in this book intend to focus the readerś comparative view by looking at a few very interesting aspects of commercial law. Die fortschreitende technologische Entwicklung hat die Menschen einander näher gebracht. Sie tauschen heute Güter in einem Umfang aus, den man sich vor einem Jahrzehnt noch nicht vorstellen konnte. Aufgrund dieser Entwicklung steht die Rechtsvergleichung nun im Rampenlicht. Die im Buch gesammelten Essays haben das Ziel, den rechtsvergleichenden Blick des Lesers durch die Betrachtung einiger interessanter Aspekte des Wirtschaftsrechts zu schärfen.
Download or read book Collision of International Arbitration and Insolvency written by Jeonghye Ahn and published by . This book was released on 2012 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Interplay Between Insolvency Proceedings and Parallel International Arbitration Proceedings in the Post Pandemic World written by Kiran Nasir Gore and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As businesses emerge into the post-pandemic world, insolvency proceedings offer practical solutions to businesses aiming to recover from the recent global economic fallout. These businesses hope to repay their debts, restructure and reorganize their assets, and generally manage their operations. While effective, insolvency-based solutions are often designed only to further domestic legal and policy goals and they do not perfectly interact with cross-border business relationships. This article draws upon the authors' expertise in international dispute resolution to discuss the legal and practical challenges found at the intersection of insolvency proceedings and parallel international arbitration proceedings. These insights provide businesses and their insolvency advisers with a blueprint for managing competing concerns at a sensitive and unpredictable time in a business's lifecycle.
Download or read book Finding Freezing and Attaching Assets written by Jacob C. Jørgensen and published by Kluwer Law International B.V.. This book was released on 2016-03-21 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of the rise in cross-border disputes – and due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers – parties are increasingly finding themselves suing or being sued outside their home jurisdictions. This book is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and if so how to freeze such assets with the aim of eventually enforcing a judgment or award. Nineteen country chapters by lawyers with decades of hands-on experience in helping their clients find, freeze, and attach defendants’ assets provide practical guidance to legal professionals representing parties in cross-border commercial lawsuits, international arbitration proceedings, simple debt collection matters, enforcement proceedings, divorce proceedings, inheritance matters, and other legal matters where the assets in dispute are thought to be located abroad. Each contribution offers an overview of the pre-trial asset tracing techniques and rules regulating freezing orders and enforcement methods in the jurisdiction covered, describing not just what the law says but how the law actually works. The jurisdictions covered include several of the offshore havens that are frequently used to hide assets in. The authors attend to such issues and topics as the following: • investigating whether a potential counterparty owns vessels, aircrafts, motor vehicles, real estate, or intellectual property rights; • locating offshore trusts; • discovering assets transferred to a family member or corporate entity; • exposing sham investments designed to generate a (fictitious) loss of assets; and • invoking remedies available to a party facing asset shielding manoeuvres. This book will quickly become an indispensable tool for international litigators, arbitration lawyers, and lawyers involved in cross-border insolvency and debt recovery proceedings, as well as for academics and scholars involved in legal research projects or law reform programs. Renowned litigator Robert Shapiro says in his Foreword: 'The authors provide the reader with practical guidance into the complex area of cross-border asset tracing and do so in a very down-to-earth way, without the academic hyperbole that generally burdens modern legal textbooks.'
