Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Administrators use general power under s 447A to stay a commercial arbitration
    2016-05-13

    This week’s TGIF considers the decision of In the matter of THO Services Limited [2016] NSWSC 509 in which the Court exercised its general power to extend the voluntary administration moratorium period to a commercial arbitration.

    BACKGROUND

    Filed under:
    Australia, New South Wales, Arbitration & ADR, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award
    2016-04-19

    A party to arbitration or court proceedings in Australia can obtain a freezing order in advance of obtaining a domestic court judgment or arbitration award, in prescribed circumstances. In PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015]1 the High Court of Australia has confirmed that Australian courts have the same power to grant freezing orders prior to a judgment or award being obtained in respect of proceedings commenced outside of Australia, provided that judgment or award would be enforceable in Australia.

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, White Collar Crime, HFW, Arbitration award, High Court of Australia
    Authors:
    Hazel Brewer
    Location:
    Australia
    Firm:
    HFW
    Should I stay or should I go… to arbitration? Extending the reach of the moratorium on creditor’s claims against companies in administration
    2016-03-30

    Section 440D imposes a stay on “proceedings in a court” against a company whilst it is in administration under Part 5.3A of the Corporations Act. It is well established that the term “proceedings in a court” does not include an arbitration proceeding: see Larkden Pty Limited v Lloyd Energy Systems Pty Limited [2011] NSWSC 1305 at [42] (Hammerschlag J). Notwithstanding this, can the Court use its general power to make orders under s447A to extend the reach of s440D in order to impose a stay on an arbitration against a company in administration?

    Filed under:
    Australia, New South Wales, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, McCabe Curwood
    Authors:
    Andrew Lacey
    Location:
    Australia
    Firm:
    McCabe Curwood
    Farm debt mediation – how to make it successful
    2014-03-04

    The Farm Debt Mediation Act 2011 (Vic) (the Act) has been in operation for some two years and is in large part modelled on New South Wales legislation which has been operative since 1994. Since the commencement of the Act in Victoria, over 180 mediations have taken place with 95% of those mediations resulting in a settlement agreement between the parties.

    Filed under:
    Australia, Arbitration & ADR, Banking, Insolvency & Restructuring, Real Estate, Holding Redlich, Debt, Mediation, Default (finance)
    Authors:
    Kylie Hall , Howard Rapke
    Location:
    Australia
    Firm:
    Holding Redlich
    General Counsel Update - June 2013 - A summary of major developments in key areas
    2013-06-21

     

    The Companies Act 2006 (Strategic Report and Directors' Report) Regulations 2013 (Regulations) to amend the structure of UK annual reports have been published and laid before Parliament.

    Filed under:
    Australia, European Union, Singapore, United Kingdom, USA, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Construction, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Intellectual Property, Internet & Social Media, Litigation, Public, Real Estate, Telecoms, Herbert Smith Freehills LLP
    Location:
    Australia, European Union, Singapore, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Australian court grants leave to enforce Chinese award against company in liquidation
    2013-04-24

    On 19 April 2013, Justice Foster of the Federal Court of Australia handed down judgment in the case of Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356. The question before his Honour was whether a foreign arbitral award made in China ought to be enforced in Australia against an Australian company in liquidation.

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Charles Kaplan , Peter Godwin
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Foreign award enforceable against company in liquidation
    2013-05-03

     

    On 19 April 2013, the Federal Court of Australia handed down its judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356. The Court enforced a foreign award against a company in liquidation, in the latest evidence of Australia’s pro-arbitration environment. 

    Background

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Liquidation, Federal Court of Australia
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Proposed German law for the mitigation of the consequences of the COVID-19 pandemic
    2020-03-21

    The German Federal Government is currently working on a Law for the Mitigation of the consequences of the COVID-19 pandemic in the areas of Insolvency, Corporate, Civil and Criminal Procedure Law. Ministry officials are working through the weekend with the goal to get the legislation finalized by both chambers of parliament as early as possible next week.

    Filed under:
    European Union, Germany, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Coronavirus
    Location:
    European Union, Germany
    Firm:
    Freshfields Bruckhaus Deringer
    What does the future hold? A timeline of upcoming UK legal developments
    2018-05-01

     

    EU (Withdrawal) Bill may be passed by UK Parliament. Its purpose is to repeal the European Communities Act 1972 and, so far as possible, import EU law that would otherwise fall away into UK law

    The Construction (Retention Deposit Schemes) Bill is expected to have its second reading debate

    Filed under:
    European Union, Global, Hong Kong, United Kingdom, Arbitration & ADR, Banking, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Planning, Real Estate, Tax, Trade & Customs, Herbert Smith Freehills LLP, Brexit, Financial Conduct Authority (UK), European Commission, Environment Agency (UK), Unified Patent Court
    Location:
    European Union, Global, Hong Kong, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2018
    2018-01-15

    ENGLAND AND WALES PREVIEW OF 2018 January 2018 LEGAL GUIDE HERBERT SMITH FREEHILLS 01 page CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Brexit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Competition, Regulation and Trade . . . . . . . . . . . . . . . . . . 05 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07 Corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08 Dispute Resolution . . . . . . . .

    Filed under:
    European Union, United Kingdom, Scotland, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Planning, Real Estate, Securitization & Structured Finance, Tax, Herbert Smith Freehills LLP, Brexit, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 30
    • Page 31
    • Page 32
    • Page 33
    • Current page 34
    • Page 35
    • Page 36
    • Page 37
    • Page 38
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days