Alternative Dispute Resolution

ADR in Cross-Border Insolvency Cases

This panel will discuss the role that alternative dispute resolution (ADR) can and does play in bankruptcy, starting with the tension between bankruptcy and ADR, as all ADR processes conflict with bankruptcy’s goal of centralizing estate administration into a single proceeding. In the U.S., this tension is most prevalent when a creditor seeks to enforce a pre-petition arbitration agreement. The panel will next examine the role that mediation plays in U.S. bankruptcy cases by examining the types of issues and disputes that are amenable to resolution via mediation. Finally, the panel will explore the power and potential of ADR in the cross-border arena, looking at models for how cross-border insolvency issues have been handled procedurally and identifying types of disputes that are well-suited to resolution via ADR.

Speakers:

Prof. Andrew Dawson, Moderator
University of Miami School of Law; Coral Gables, Fla.
Angela L. Baglanzis
Obermayer Rebmann Maxwell & Hippel LLP; Philadelphia
Jack Escher
CB Insolvency, LLC; Swampscott, MA
William Rochelle
American Bankruptcy Institute; New York

Conference
2019 Caribbean Insolvency Symposium

Arbitration for Cross-Border Insolvency

The panel considers whether and to what extent arbitration agreements could be used to resolve problems arising in the course of cross-border insolvency proceedings. Hon. Paul Heath QC and Dr. Stephan Madaus discuss questions of arbitrability, use and enforcement of awards in such cases, particularly under the New York Convention. Prof. Troy McKenzie and Corrine Ball focus more specifically on the use of arbitration in chapter 15 proceedings.

Speakers:

Hon. Paul Heath QC, Moderator
Former Judge of the High Court of New Zealand; Auckland, New Zealand
Corinne Ball
Jones Day; New York, USA
Prof. Stephan Madaus
Martin Luther University Halle-Wittenberg; Halle, Germany
Prof. Troy A. McKenzie
New York University School of Law; New York, USA

Conference
2020 International Insolvency Forum

Judicial Round & Round

In this virtual variation on the in-person format, a nationwide group of distinguished judges will discuss current bankruptcy and practical skills issues in an innovative Zoom-style presentation. The judges will rotate to a new online “room,” allowing participants to maximize their time and gain valuable insights into best practices.

Speakers:

Hon. Gerardo A. Carlo-Altieri (ret.)
GACarlo & Assocts.; San Juan
Hon. Laurel Myerson Isicoff
U.S. Bankruptcy Court (S.D. Fla.); Miami
Hon. Robert A. Mark
U.S. Bankruptcy Court (S.D. Fla.); Miami

Conference
2021 Caribbean Insolvency Symposium

Recent Consumer Case Law Developments with Bill Rochelle

This past year has seen a remarkable number of wide splits and controversial opinions. This panel of experts, moderated by ABI Editor-at-Large Bill Rochelle, will discuss and analyze current notable business and consumer bankruptcy cases.

Speakers:

William J. Rochelle, III, Moderator
American Bankruptcy Institute; New York
Rudy J. Cerone
McGlinchey Stafford, PLLC; New Orleans
Hon. Robert Jacobvitz
U.S. Bankruptcy Court (D.N.M.); Albuquerque
Alejandro Oliveras Rivera
Chapter 13 Standing Trustee; San Juan, P.R.

Conference
2021 Caribbean Insolvency Symposium