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    Privy Council changes English law on the intersection of insolvency and arbitration
    2024-07-29

    In Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC 16, the Privy Council considered an appeal from the Court of Appeal of the Eastern Caribbean Supreme Court (BVI) as to whether a company should be wound up where the debt on which the winding up application is based is subject to an arbitration agreement and is said to be disputed and/or subject to a cross-claim.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Arbitration Act 1996 (UK)
    Authors:
    Andrew Cooke , Mike McClure , Liz Kantor , Natty Sugarin
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal determines effect of party's insolvency in one EU jurisdiction on arbitral proceedings in another
    2009-10-05

    Background

    Article 4.1 of Council Regulation (EU) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (the "Regulation") states: "Save as otherwise provided in this Regulation, the law applicable to insolvency proceedings and their effects shall be that of the Member State within the territory of which such proceedings are opened..."

    Article 4.2 of the Regulation sets out a non-exhaustive list of the matters which the law of the state of the opening of insolvency proceedings is to determine, including:

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, Debtor, Breach of contract, Arbitration clause, In rem jurisdiction, Arbitration Act 1996 (UK), London Court of International Arbitration
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal determines effect of party's insolvency in one EU jurisdiction on arbitral proceedings in another
    2009-10-05

    Background

    Article 4.1 of Council Regulation (EU) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (the "Regulation") states: "Save as otherwise provided in this Regulation, the law applicable to insolvency proceedings and their effects shall be that of the Member State within the territory of which such proceedings are opened..."

    Article 4.2 of the Regulation sets out a non-exhaustive list of the matters which the law of the state of the opening of insolvency proceedings is to determine, including:

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, Debtor, Breach of contract, Arbitration clause, In rem jurisdiction, Arbitration Act 1996 (UK), London Court of International Arbitration
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Stay of winding-up petition under s 9 Arbitration Act: Court of Appeal rules
    2015-01-07

    The Court of Appeal held that, while section 9 of the Arbitration Act 1996 did not apply to require the stay of a winding-up petition, it would be appropriate to dismiss or stay a petition pending resolution of a dispute over the petition debt where such dispute was within the scope of an arbitration agreement.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Joseph Hage Aaronson LLP, Arbitration Act 1996 (UK)
    Location:
    United Kingdom
    Firm:
    Joseph Hage Aaronson LLP
    Insolvency proceedings v arbitration
    2014-12-10

    Anyone using arbitration clauses should note the Court of Appeal decision made on Monday 8 December, to the effect that a winding up petition is not automatically stayed because the petition debt arises from a contract containing a mandatory arbitration clause.

    This important  development could  assist creditors  enforcing strong  claims against  debtors incorporated in many offshore financial centres as well as in England.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Teacher Stern LLP, Debtor, Arbitration Act 1996 (UK)
    Authors:
    Lee Donoghue
    Location:
    United Kingdom
    Firm:
    Teacher Stern LLP
    English Court of Appeal considers whether the mandatory stay provisions of s9(1) of the Arbitration Act of 1996 apply to winding-up petitions
    2014-12-15

    The English Court of Appeal dismissed an appeal brought against a recent High Court decision to stay a winding-up petition in favour of arbitration proceedings, in Salford Estates (No. 2) Limited v Altomart Limited [2014] EWCA 575 Civ.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation, Arbitration Act 1996 (UK), Court of Appeal of England & Wales
    Authors:
    Nicholas Peacock , Maguelonne de Brugiere
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    (Re)insurance Weekly Update 35- 2016
    2016-10-10

    A summary of recent developments in insurance, reinsurance and litigation law.

    This Week's Caselaw

    Essar v Norscot: Court confirms that arbitrators can award the costs of litigation funding/time limits for challenging a corrected award

    https://www.lawtel.com/UK/FullText/AC9402034QBD(Comm).pdf

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Arbitration Act 1996 (UK)
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    (Re)insurance Weekly Update 35- 2016
    2016-10-10

    A summary of recent developments in insurance, reinsurance and litigation law.

    This Week's Caselaw

    Essar v Norscot: Court confirms that arbitrators can award the costs of litigation funding/time limits for challenging a corrected award

    https://www.lawtel.com/UK/FullText/AC9402034QBD(Comm).pdf

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Arbitration Act 1996 (UK)
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Court of Appeal determines effect of party's insolvency in one EU jurisdiction on arbitral proceedings in another
    2009-10-05

    Background

    Article 4.1 of Council Regulation (EU) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (the "Regulation") states: "Save as otherwise provided in this Regulation, the law applicable to insolvency proceedings and their effects shall be that of the Member State within the territory of which such proceedings are opened..."

    Article 4.2 of the Regulation sets out a non-exhaustive list of the matters which the law of the state of the opening of insolvency proceedings is to determine, including:

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, Debtor, Breach of contract, Arbitration clause, In rem jurisdiction, Arbitration Act 1996 (UK)
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal determines effect of party's insolvency in one EU jurisdiction on arbitral proceedings in another
    2009-10-05

    Background

    Article 4.1 of Council Regulation (EU) No 1346/2000 of 29 May 2000 on Insolvency Proceedings (the "Regulation") states: "Save as otherwise provided in this Regulation, the law applicable to insolvency proceedings and their effects shall be that of the Member State within the territory of which such proceedings are opened..."

    Article 4.2 of the Regulation sets out a non-exhaustive list of the matters which the law of the state of the opening of insolvency proceedings is to determine, including:

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, Debtor, Breach of contract, Arbitration clause, In rem jurisdiction, Arbitration Act 1996 (UK), London Court of International Arbitration
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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