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    How a Judge Makes Mediation Work: Mandatory Mediation
    2023-10-24

    Recent expressions of concern about courts mandating mediation reminded me of a mandated mediation process that worked well: the City of Detroit bankruptcy.

    An illustration of the success of mandated mediation in the Detroit case is this line:

    The Bankruptcy Judge“put an end to the public bickering over the water deal by ordering the parties into confidential mediation.”

    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Privy Council recommends stay of winding up application in favour of arbitration
    2023-10-24

    In FamilyMart China Holding Co Ltd (Respondent) v Ting Chuan (Cayman Islands) Holding Corporation (Appellant) (Cayman Islands) [2023] UKPC 33, the Privy Council has provided useful guidance about the interplay between an arbitration agreement and exercise of the Cayman court’s powers and discretion to wind up a company on just and equitable grounds.

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ironbridge Legal, Shareholder, Arbitration clause, Dispute resolution, Winding-up, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    What is the effect of Guy Lam on winding up petitions involving an arbitration clause? A third voice
    2023-10-24

    Where a winding up petition is based on a debt arising from a contract with a non-Hong Kong exclusive jurisdiction clause, the court will tend to dismiss or stay the winding up petition in favour of the parties’ agreed forum unless there are strong countervailing factors.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Rachael Shek , Jojo Fan , Peter Ng , Trevor Ho
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Disputes Essentials: Taking the sting out of terminating contracts
    2023-10-23

    On Wednesday 27 September 2023, Mishcon de Reya hosted the first in a new series of Disputes Essentials breakfast seminars, which aim to provide the latest updates and practical insights on essential dispute-related topics.

    Filed under:
    United Kingdom, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Mishcon de Reya LLP, Insolvency, Corporate Insolvency and Governance Act 2020
    Authors:
    Alexandra Clough , Adam Rose , Jessica Williams
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya LLP
    Between the lines- October, 2023
    2023-10-16

    October, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * Supreme Court: Dissenting opinion of an arbitrator cannot be treated as an award if the majority award is set aside. * Delhi High Court: When there are two interconnected agreements with conflicting arbitration clauses, the clause contained in the main agreement should be given primacy. * Supreme Court: Admission of claims after the resolution plan has been accepted by CoC would result in making CIRP prolonged and inefficacious.

    Filed under:
    India, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Aon, Payment and Settlement Systems Act 2007 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India
    Location:
    India
    Firm:
    Vaish Associates Advocates
    AnAn affirmed - Singapore court confirms arbitration agreements trump winding-up applications
    2023-10-11

    The Singapore High Court has again confirmed that a winding-up application concerning a disputed debt that is subject to an arbitration agreement will be dismissed if the arbitration agreement is prima facie valid and covers the dispute. This prima facie standard of review was first formulated three years ago by the Singapore Court of Appeal in AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SCGA 33.

    Filed under:
    Hong Kong, Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Insolvency, Singapore High Court
    Authors:
    James Kwan , Shi Jin Chia , Hugo Petit , Nigel Sharman
    Location:
    Hong Kong, Singapore
    Firm:
    Hogan Lovells
    Will a just and equitable winding up petition render an arbitration agreement inoperative?
    2023-10-09

    The Privy Council has considered the question of whether an agreement to settle disputes arising out of a shareholders' agreement by arbitration prevents a party to the agreement pursuing a petition to wind up the company on just and equitable grounds.

    Background

    Filed under:
    Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mourant
    Authors:
    Nicholas Fox , Simon Dickson , Charles Henderson
    Location:
    Cayman Islands
    Firm:
    Mourant
    Referencias Jurídicas | Junio 2024
    2024-07-06

    El Tribunal Supremo, en su sentencia número 513/2024, de 17 de abril (Rec. 2443/2020) ("la Sentencia"), confirma la válida legitimación del recurrente declarado en concurso de acreedores con suspensión de facultades, en tanto la administración concursal omitió el deber de sustituirlo en el procedimiento en trámite.

    Filed under:
    European Union, Spain, Arbitration & ADR, Banking, Competition & Antitrust, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, CMS Albiñana & Suárez de Lezo, Insolvency
    Location:
    European Union, Spain
    Firm:
    CMS Albiñana & Suárez de Lezo
    Arbitration agreement does not prevent winding up petition
    2024-07-15

    The Privy Council has recently delivered a landmark judgment on the interplay between arbitration agreements and winding up petitions. The Board held that the English case of Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; Ch 589, which had adopted a pro-arbitration approach to stay or dismiss winding up petitions based on debts covered by arbitration agreements, even if the debts were not genuinely disputed on substantial grounds was wrongly decided.

    Filed under:
    Global, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, Arbitration Act 1996 (UK)
    Authors:
    Kushal Gandhi , Richard Bamforth
    Location:
    Global, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Privy Council Resolves Question of Interplay between Liquidation Proceedings and Arbitration Agreements
    2024-07-12

    The Privy Council endorsed the Commercial Court's approach in the British Virgin Islands (BVI) in staying insolvency proceedings, even when faced with a pre-existing arbitration agreement, only when a debt is genuinely disputed on substantial grounds.

    Introduction

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mourant, Liquidation
    Authors:
    Eleanor Morgan , Shane Donovan , Sophie Christodoulou
    Location:
    British Virgin Islands
    Firm:
    Mourant

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