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    Does an arbitration agreement protect a debtor from the threat of liquidation?
    2020-07-14

    In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such legislation generally presumes that the debtor is insolvent if it has failed to comply with a statutory notice requiring the debtor to pay a certain debt within a given period of time (a statutory demand).

    Filed under:
    Global, Hong Kong, India, Singapore, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    James Kwan , Jonathan Leitch , Ben Hornan , Chris Dobby
    Location:
    Global, Hong Kong, India, Singapore, United Kingdom
    Firm:
    Hogan Lovells
    Corporate Insolvency and Governance Act 2020
    2020-07-06

    The Corporate Insolvency and Governance Act received royal assent on 25 June 2020 and comes into force immediately.

    The Act introduces a range of new corporate restructuring tools and suspends, temporarily, parts of the existing insolvency regime. The purpose of this note is to update you on two key aspects of the Act: the moratorium on legal action and the temporary changes in relation to statutory demands and winding-up petitions.

    Moratorium on legal action

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Coronavirus
    Authors:
    Charlotte Heywood , Ron Nobbs , Paul Thwaite , Charlotte Thomas
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    Cases on National Courts Protecting the Resumption of Work during the Epidemic Period (Third Batch) (Mainland China)
    2020-07-01

    In addition to cases that are similar to those the previous two batches concerning enforcement against enterprises over pandemic prevention and control materials, the 13 cases in this third batch also contain examples of enterprises not in the pandemic prevention and control materials business resuming work and production. The cases fully shows how the courts used the Internet and telephones to coordinate and negotiate enforcement during the epidemic, thereby keeping public order, minimizing losses and achieving wins for multiple parties.

    Filed under:
    China, Arbitration & ADR, Insolvency & Restructuring, Litigation, Real Estate, Lee Tsai & Partners, Coronavirus
    Authors:
    Jolene Chen
    Location:
    China
    Firm:
    Lee Tsai & Partners
    Supreme Court reinstates adjudication as a key tool for liquidators
    2020-06-30

    An unfortunate but inevitable consequence of the economic downturn induced by COVID-19 is that an increasing number of construction companies will enter into insolvency. In Bresco Electrical Services Ltd (in liquidation) v. Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25, the Supreme Court has provided some respite to contractors in liquidation by finally confirming their unfettered right to refer construction disputes for resolution by adjudication.

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Dentons, Dispute resolution, Coronavirus, UK Supreme Court
    Authors:
    Esther McDermott , Ian Fox , George Harris
    Location:
    United Kingdom
    Firm:
    Dentons
    NCLT Mumbai orders reference to arbitration in an insolvency petition under the IBC
    2020-06-26

    In a significant judgment dated 9 June 2020 titled ‘Indus Biotech Private Limited v.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Khaitan & Co, Private equity, Title 11 of the US Code
    Authors:
    Ajay Bhargava , Wamika Trehan , Shweta Kabra
    Location:
    India
    Firm:
    Khaitan & Co
    Arbitrating against a distressed or insolvent party
    2020-06-23

     

    Although the challenges brought by the COVID-19 pandemic have, and continue to, put exceptional pressure on supply chains, the reality is that the insolvency of a business partner is a risk even in normal times. When that business partner is on the other side of pending arbitration proceedings, questions arise as to how the insolvency affects the substantive claim as well as the underlying procedure.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Hogan Lovells, Coronavirus
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Dispute Resolution round-up - June 2020
    2020-06-22

    Welcome to the inaugural edition of our new newsletter, which is intended to capture the key developments in the English disputes arena over the past three months. We hope that you will find it an interesting read, whether you are a litigator, either in private practice or in-house, or a generalist wanting to keep abreast of the goings on in this space. We also hope that you will pass it on to any of your colleagues who may find it useful.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Travers Smith LLP, Brexit, Force majeure, Coronavirus
    Location:
    European Union, United Kingdom
    Firm:
    Travers Smith LLP
    Policy-Related Complexities in Parallel, Cross-Border Insolvency and Arbitration Proceedings
    2020-06-18

    More than a third of the world’s population is under lockdown to slow the spread of COVID-19. The virus and these responsive measures have heavily disrupted lives, communities, and healthcare systems. Many businesses have been forced to change their operations. COVID-19 is rapidly pushing companies to operate in new ways, and the resilience of systems is being tested as never before.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Private equity, Coronavirus
    Authors:
    Louise Woods , Adrianne L. Goins , Jessica C. Peet
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Dayang (HK) Marine Shipping Co, Ltd v. Asia Master Logistics
    2020-06-15

    In Ltd [2020] HKCFI 311, the Hong Kong Court of First Instance declined to dismiss a winding-up petition where a debtor was unable to show the existence of a bona fide dispute on substantial grounds, notwithstanding the presence of an arbitration clause in the underlying contract.

    Background Facts

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ince
    Authors:
    Max Cross , Ruaridh Guy
    Location:
    Hong Kong
    Firm:
    Ince
    Winding up petitions and arbitration agreements: a comparison of the Singapore and HK approaches
    2020-06-15

    Recent decisions of the Hong Kong and Singapore courts show different approaches to the issue of when a winding-up petition will be allowed to proceed in circumstances where there is an arbitration agreement.

    Filed under:
    Hong Kong, Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ince, Coronavirus, Court of Appeal of Singapore
    Authors:
    Max Cross , Kimarie Cheang , Ruaridh Guy , Adrian Koh
    Location:
    Hong Kong, Singapore
    Firm:
    Ince

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