Crossroads of Insolvency and Arbitration

Crossroads of Insolvency and Arbitration PDF Author: Ishaan Madaan
Publisher: Kluwer Law International B.V.
ISBN: 9403545410
Category : Law
Languages : en
Pages : 310

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Book Description
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.

Crossroads of Insolvency and Arbitration

Crossroads of Insolvency and Arbitration PDF Author: Ishaan Madaan
Publisher: Kluwer Law International B.V.
ISBN: 9403545410
Category : Law
Languages : en
Pages : 310

Get Book Here

Book Description
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.

Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups

Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups PDF Author: Ilya Kokorin
Publisher: Edward Elgar Publishing
ISBN: 1800880545
Category : Law
Languages : en
Pages : 332

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Book Description
Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.

Sovereign Debt at the Crossroads

Sovereign Debt at the Crossroads PDF Author: Chris Jochnick
Publisher: Oxford University Press
ISBN: 0190290579
Category : Business & Economics
Languages : en
Pages : 336

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Book Description
Recent world events have created a compelling need for new perspectives and realistic solutions to the problem of sovereign debt. The success of the Jubilee 2000 movement in raising public awareness of the devastating effects of debt, coupled with the highly publicized Bono/O'Neill tour of Africa, and the spectacular default and economic implosion of Argentina have helped spur a global debate over debt. A growing chorus of globalization critics, galvanized by the Catholic Church's demand for forgiveness and bolstered by recent defaults, has put debt near the top of the international agenda. Creditor governments and international financial institutions have belatedly recognized the need for more sustainable progress on debt as an inescapable step towards economic recovery in many parts of the world. This book is intended to advance the dialogue around these issues by providing a comprehensive overview of the problems raised by debt and describing new and practical approaches to overcoming them. It will be the first in more than a decade to bring together under one cover the voices of prominent members of the international debt community. It will include pieces from the most relevant constituencies: from creditors (the IMF/World Bank, government lenders, private investors) to critics (debtor representatives, activists, and academics) and analysis from economists, bankers, lawyers, social scientists, and politicians. As contributions come from such leading thinkers across a range of disciplines, this book will offer a timely guide for understanding and influencing the debt debate.

Arbitration and Insolvency

Arbitration and Insolvency PDF Author: Richard Bamforth
Publisher: Edward Elgar Publishing
ISBN: 1800887396
Category : Law
Languages : en
Pages : 269

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Book Description
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.

Corporate Insolvency Law

Corporate Insolvency Law PDF Author: Vanessa Finch
Publisher: Cambridge University Press
ISBN: 1107039916
Category : Business & Economics
Languages : en
Pages : 839

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Book Description
A new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law.

Russia and Eurasia at the Crossroads

Russia and Eurasia at the Crossroads PDF Author: Egor S. Stroev
Publisher: Springer Science & Business Media
ISBN: 3642601499
Category : Business & Economics
Languages : en
Pages : 506

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Book Description
A team of high-ranking members from the CIS administration and economic experts analyses the market-oriented transformations as well as specific features of the market evolving in the 12 states. Using a wide range of statistical data, the authors deal with industry, agriculture, the military-industrial complex, the scientific and social sphere, finance and investment, market infrastructure, and international trade. They develop a centrist concept for sustainable development and economic integration that offers the possibility of overcoming the current problems. Provides Western readers with an insider view of the present situation and a wealth of valuable statistical data.

A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad

A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad PDF Author: Robert E. Lutz
Publisher: Cambridge University Press
ISBN: 9780521858748
Category : Law
Languages : en
Pages : 660

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Book Description
Publisher Description

Fair and Equitable Treatment

Fair and Equitable Treatment PDF Author: United Nations Conference on Trade and Development
Publisher:
ISBN: 9789211128277
Category : Discrimination
Languages : en
Pages : 0

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Book Description
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) PDF Author: United Nations Publications
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 354

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Book Description
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.

Insolvency Proceedings and Commercial Arbitration

Insolvency Proceedings and Commercial Arbitration PDF Author: Vesna Lazić
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 410

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Book Description
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