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    Top tens of 2011 and 2012
    2012-02-13

    You are busy people.  There is too much information. To try to help you identify the issues that are most important to you, we present a round-up of ten of the most significant cases and events in 2011, including Supreme Court decisions on contractual interpretation, the removal of expert witness immunity and the status of arbitrators, together with the coming into force of the Bribery Act 2010 and the new ICC Rules.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, Exclusive jurisdiction, Legal professional privilege, International Chamber of Commerce
    Authors:
    Omar Qureshi
    Location:
    European Union, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    State court may not prohibit receivership defendant from filing for bankruptcy
    2007-02-28

    In re Corporateand Leisure Event Productions, Inc.,1 the Bankruptcy Court for the District of Arizona held that a state court lacks the power to enter an order in a receivership proceeding preventing the receivership defendant from filing a petition in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Shareholder, Debtor, Injunction, Fraud, Bright-line rule, Common law, Exclusive jurisdiction, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Aftermath of Stern v. Marshall – BearingPoint Court declines to oversee lawsuit
    2011-07-20

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Fiduciary, Subject-matter jurisdiction, Exclusive jurisdiction, Article III US Constitution, High Court of Justice, United States bankruptcy court, US District Court for SDNY, Chief executive officer, Trustee
    Authors:
    Adam C. Rogoff
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Eleventh Circuit upholds a bankruptcy court’s exclusive jurisdiction to enforce its own Chapter 11 discharge injunctions
    2012-06-13

    On May 30, 2012, the United States Court of Appeals for the Eleventh Circuit held that a bankruptcy court in one federal district lacks jurisdiction to determine whether a debt was discharged under a chapter 11 plan confirmation order issued by a bankruptcy court in another federal district.  Alderwoods Group, Inc. v. Garcia, 1:10-cv-20509-KMM, 2012 U.S. App. LEXIS 10891 (11th Cir. May 30, 2012).  The decision makes it clear that a debtor must seek enforcement of its discharge order in the same federal court that granted the discharge in the first place.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Class action, Exclusive jurisdiction, Bankruptcy discharge, United States bankruptcy court, Eleventh Circuit
    Authors:
    Alicia B. Davis , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The Third Circuit reaffirms jurisdictional limits on third party injunctions
    2010-10-27

    In the W.R. Grace bankruptcy, the United States Court of Appeals for the Third Circuit recently reaffirmed its prior rulings on the controversial issue of a bankruptcy court’s power to enjoin actions by third parties against non-debtors.1 Resting on prior precedent, the Third Circuit held that bankruptcy courts lack subject matter jurisdiction to enjoin third party actions that have no direct effect upon the bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Preliminary injunction, Common law, Subject-matter jurisdiction, Exclusive jurisdiction, US Code, United States bankruptcy court, Third Circuit
    Authors:
    Andrew M. Greenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Decision in Eclipse Aviation addresses subject matter jurisdiction of the bankruptcy court
    2010-08-18

    Introduction

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Interest, Federal Reporter, Liquidation, Involuntary dismissal, Conveyancing, Subject-matter jurisdiction, Prejudice, Exclusive jurisdiction, United States bankruptcy court, Third Circuit
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Financial restructurings of foreign companies through English schemes of arrangement
    2013-10-08

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Exclusive jurisdiction, Insolvency Act 1986 (UK)
    Authors:
    Rachel Anthony , Luci Mitchell-Fry , Ian Fox
    Location:
    United Kingdom
    Firm:
    Dentons
    Financial restructurings of foreign companies through English schemes of arrangement
    2011-09-20

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Consent, Liquidation, Exclusive jurisdiction, Secured loan, Constitutional amendment, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    Financial restructurings of foreign companies through English schemes of arrangement
    2011-07-20

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Liquidation, Voting, Exclusive jurisdiction, Secured loan, Constitutional amendment, Insolvency Act 1986 (UK), European Commission
    Authors:
    Susan Moore
    Location:
    United Kingdom
    Firm:
    Dentons

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