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    India law update: National Company Law Appellate Tribunal of India clarifies ‘existence of disputes’
    2017-07-17

    Written by Ashmi Mohan at Clasis Law

    In its recent judgment of Kirusa Software Private Ltd. vs. Mobilox Innovations Private Ltd. Company Appeal (AT) (Insolvency) 6 of 2017, the National Company Law Appellate Tribunal of India (“Appellate Tribunal”) has adjudicated upon the issue as to what does “dispute” and “existence of dispute” mean for the purpose of determination of a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“Code”).

    Filed under:
    India, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Location:
    India
    Firm:
    Clyde & Co LLP
    Irish Court of Appeal considers whether the existence of an ATE policy defeated an application for security for costs
    2015-08-20

     Introductory remarks

    Filed under:
    Ireland, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP
    Authors:
    Garrett Moore
    Location:
    Ireland
    Firm:
    Clyde & Co LLP
    Oil price volatility – risks and opportunities in 2015
    2015-04-15

    With the current financial difficulties faced by the oil & gas industry, directors of companies incorporated in England and Wales must be mindful of their duties and responsibilities to the company as well as the potential personal liability that could arise from breaching those duties and responsibilities in the context of an insolvency.

    Who qualifies as a director?

    Filed under:
    Ireland, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Clyde & Co LLP, Articles of association
    Location:
    Ireland
    Firm:
    Clyde & Co LLP
    Otto Marine Applies for Judicial Management
    2018-02-26

    The company sits at the apex of the Singapore-headquartered Otto Marine Group, which has some 70 subsidiaries, associate companies and indirect subsidiaries, employing more than 622 employees worldwide. The Otto Marine Group is in the business of investment holding, construction, repair and servicing of vessels, chartering and leasing of vessels, and offshore services. The sole director and effective shareholder of Otto Marine is Malaysian tycoon Datuk Seri Yaw Chee Siew.

    Filed under:
    Malaysia, Singapore, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Clyde & Co LLP
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Malaysia, Singapore
    Firm:
    Clyde & Co LLP
    COVID-19 UAE: Impact on Debt Recoveries
    2020-03-26

    Recent court service suspensions announced in the UAE – albeit temporary – as part of the government's response to COVID-19 will undoubtedly have an impact on efficacy of debt recovery options available to creditors, at least in the near short term. These measures come at a time when payment default rates are only expected to increase rapidly and creditors will be looking at what actions they can and should take to protect their position, including short and medium term strategies.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus
    Authors:
    Keith Hutchison , Michael Morris
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Key updates modernise UAE civil procedure
    2019-03-18

    Civil procedure in the onshore UAE Courts has very recently been supplemented, and in certain key respects has been revised, by extensive Federal regulations signalling continued modernisation of the onshore legal process. These developments, effective from 16 February 2019, are of relevance to all businesses with a presence or commercial interests in the UAE, and are likely to be of particular positive interest to claimants.

    Filed under:
    United Arab Emirates, Arbitration & ADR, Insolvency & Restructuring, Clyde & Co LLP, Code of Federal Regulations
    Authors:
    Keith Hutchison , Sherif Maher , Maher Al Nashar
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    A boost to enforcing debt claims in the UAE
    2019-03-18

    Recent amendments to the UAE Civil Procedure Code (CPC) are aimed at modernising and enhancing the litigation process in the UAE Courts. This includes simplifying and expediting the process for a creditor to obtain an enforceable judgment on admitted debt claims as a "Payment Order". Clyde & Co reports here on this welcome development and a very recent success with such a claim under the new regime.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Keith Hutchison
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    How does marine cargo insurance in the UAE respond to carrier insolvency?
    2017-02-12

    When Hanjin Shipping went into administration in late 2016, reportedly over 500,000 containers were stranded or arrested at ports worldwide, including many in the Middle East. Cargo owners who find themselves in such circumstances can be critically affected (particularly if the cargo is temperature sensitive, perishable or urgently required), and they will often look to their cargo insurers. This note highlights a number of issues which are likely to arise when a carrier becomes insolvent during a laden voyage, and claims are made under a marine cargo policy in the UAE.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Insurance, Shipping & Transport, Clyde & Co LLP
    Authors:
    Robert Lawrence
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Limitation Funds: A Landmark Decision in Dubai
    2018-01-22

    A recent decision of a specialist tribunal in Dubai could have far-reaching consequences for the maritime industry. In this article Robert Thomas QC, of Quadrant Chambers, and Robert Lawrence and Leonard Soudagar, of Clyde & Co, examine how it is now possible, in certain circumstances, for a shipowner to set up a limitation fund in the UAE.

    Filed under:
    United Arab Emirates, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Dubai International Financial Centre
    Authors:
    Robert Lawrence
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    New Bankruptcy Law in the Kingdom of Saudi Arabia
    2018-02-26

    Saudi Arabia recently published a new Bankruptcy Law. This is the latest development of a string of reforms under Vision 2030 to further encourage the participation of foreign and domestic investors by structuring the business legal framework. This article provides a general analysis of the new bankruptcy law and its implications for businesses operating in the Kingdom.

    Filed under:
    United Arab Emirates, Banking, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP
    Authors:
    Abdulaziz Al-Bosaily , Alain Sfeir , Shahd Makhafah
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP

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