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Author: Simon Vorburger
Publisher: Kluwer Law International
ISBN: 9789041154194
Category : Law
Languages : en
Pages : 328
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Book Description
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.
Author: Simon Vorburger
Publisher: Kluwer Law International
ISBN: 9789041154194
Category : Law
Languages : en
Pages : 328
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Book Description
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.
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.
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.
Author: Edna Sussman
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
Insolvency proceedings are often lauded for providing a relatively quick and efficient means of resolving disputes among insolvent debtors and their creditors. Historically, insolvency courts have adhered to the principle of “territoriality,” which posits that bankruptcy proceedings should be brought in the jurisdiction where property or assets of the debtor are located, and that the courts in that forum have jurisdiction and priority over those assets. Based on this principle, in a typical domestic insolvency proceeding, one forum will exercise jurisdiction over the debtor and all of its assets; the adjudicator can thus make decisions that will bind all of the creditors seeking a piece of those assets. The principle of territoriality has become difficult to apply in our increasingly globalized world. Today's multinational corporations operate in multiple countries and hold assets across the globe. Thus a debtor and its affiliate entities may be subject to multiple insolvency proceedings in various jurisdictions. The efficiency gains of a single-forum insolvency process no longer exist, and instead debtors can find themselves in intractable disputes or subject to inconsistent decisions issued by multiple courts. Over the last two decades, there have been various proposals to address the complications inherent in cross-border insolvency proceedings. In the aftermath of the recent financial crisis, which brought a wake of insolvent debtors with massive international presence, the issue has received increased attention. This paper Recently explores several ways in which international arbitration can be used to bring efficiency and consistency to cross-border insolvency proceedings.
Author: Marta Tsvengrosh
Publisher: LAP Lambert Academic Publishing
ISBN: 9783847302476
Category : Conflict of laws
Languages : en
Pages : 56
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Book Description
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.
Author: Fabian van den Ven
Publisher: Kluwer Law International B.V.
ISBN: 9403500778
Category : Law
Languages : en
Pages : 486
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Book Description
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.
Author: Ian F. Fletcher
Publisher: Mohr Siebeck
ISBN: 9783161458552
Category : Law
Languages : en
Pages : 340
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Book Description
Reports primarily in English, some in French or Spanish.
Author: Rolf Stürner
Publisher:
ISBN: 9783161510236
Category : Arbitration (International law)
Languages : en
Pages : 0
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Book Description
" ... Contributions from two symposia held in Nagoya, Japan ... March 7-8, 2009 ... November 14-15, 2009" --Preface.
Author: Jacob C. Jørgensen
Publisher: Kluwer Law International B.V.
ISBN: 9041167420
Category : Law
Languages : en
Pages : 362
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Book Description
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.'
Author: Reinhard Bork
Publisher:
ISBN: 9781780684307
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.
