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    Enforcing orders made in foreign insolvency proceedings
    2012-10-24

    This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v. Eurofinance SA [2012] UKSC 46, which was handed down on 24 October 2012. Rubin deals with the issue of whether orders made in Chapter 11 bankruptcy proceedings in the United States can be enforced as judgments of the English Courts.

    COMPETING SETS OF RULES AND PRINCIPLES

    Filed under:
    British Virgin Islands, Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Conflict of laws, In rem jurisdiction
    Location:
    British Virgin Islands, Cayman Islands, United Kingdom
    Firm:
    Harneys
    More about maritime claims and maritime liens in Australia, December 2016
    2016-12-08

    After the SAM HAWK decision in September 2016 restored the status quo in the recognition of foreign maritime liens in Australia (see our briefing http://www.hfw.com/Arrest-of-the-SAM-HAWK-October-2016) two Federal Court decisions in November 2016 bring the year towards a close with the Federal Court’s jurisdiction and application of the Admiralty Act being confirmed on established and predictable grounds.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Shipping & Transport, HFW, In rem jurisdiction, Federal Court of Australia
    Authors:
    Hazel Brewer
    Location:
    Australia
    Firm:
    HFW
    When two systems collide - the intersection between cross-border insolvency protection and the Admiralty action in rem
    2014-04-11

    Introduction

    When the UNCITRAL Model Law on Cross-Border Insolvency (Model Law) was introduced into Australian law in 2008, Australian admiralty practitioners expressed concern that the legislation which enacted the Model Law into Australian law did not take into account its potential impact on the right to arrest a ship in Australia.  The concern was that the Model Law would prevent parties from arresting ships in Australia, if the shipowner or charterer was the subject of foreign insolvency proceedings.  

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Shipping & Transport, Norton Rose Fulbright, In rem jurisdiction, UNCITRAL, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Dimity Maybury , Melissa Tang
    Location:
    Australia
    Firm:
    Norton Rose Fulbright
    Cross border insolvency: an impediment to a ship arrest in Australia?
    2013-07-30

    The recent Australian Federal Court decision of Yu v STX Pan Ocean Co Ltd (South Korea) in the matter of STX Pan Ocean Co Ltd (receivers appointed in South Korea) [2013] FCA 680 has the effect of allowing the arrest of a ship in Australia, despite the operation of the Cross Border Insolvency Act 2008 (Cth) which incorporates the United Nations Model Law on cross border insolvency into Australian law.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Shipping & Transport, Piper Alderman, In rem jurisdiction, Federal Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    European Court of Justice C-195/15: request for a preliminary ruling concerning the interpretation of Article 5 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings
    2017-04-06

    The qualification of a right as a 'right in rem' (zakelijk recht), within the meaning of Article 5 of Regulation No 1346/2000 of 29 May 2000 on insolvency proceedings (the "Regulation") must be determined according to the law of the place where the asset concerned is situated and the right in rem must satisfy certain criteria set out in Article 5(2) of the Regulation.

    Filed under:
    European Union, Germany, Netherlands, Insolvency & Restructuring, Litigation, Real Estate, Stibbe, In rem jurisdiction, Court of Justice of the European Union
    Authors:
    Nienke Rozeman
    Location:
    European Union, Germany, Netherlands
    Firm:
    Stibbe
    ECJ clarifies that “rights in rem” under Art. 5 Insolvency Regulation also includes “rights in rem” of public or tax administrations
    2016-11-18

    On 26 October 2016, the Court of Justice of the European Union has rendered a decision (case C-195/15) on the interpretation of “rights in rem” under article 5 of the Insolvency Regulation (

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Loyens & Loeff, In rem jurisdiction, Court of Justice of the European Union
    Location:
    European Union
    Firm:
    Loyens & Loeff
    International corporate insolvency
    2007-09-10

    What and where is a company's ‘centre of main interest’ – its COMI – and why should you care? This is not an esoteric question but a live issue in determining which nation's courts and laws deal with international insolvency issues including administration and liquidation.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Shareholder, Debtor, Interest, Liquidation, Freedom of movement, In rem jurisdiction, European Commission
    Location:
    European Union, United Kingdom
    Firm:
    BDB Pitmans LLP
    The New Giant - plotting the course between Admiralty and cross border insolvency rules
    2014-05-02

    Admiralty proceedings against a vessel are necessarily territorial in nature. A debtor’s vessel may sail into a certain jurisdiction and be arrested and sold for the benefit of creditors who both have Admiralty in rem claims against the vessel and actively take the required steps in the Court proceeding concerned.  Creditors not having rights of claim of that nature would miss out or only have a very low priority in respect of the proceeds of sale.

    Filed under:
    New Zealand, South Korea, Insolvency & Restructuring, Litigation, Shipping & Transport, Hesketh Henry, Debtor, In rem jurisdiction
    Authors:
    Alan Sherlock , Sarah Holderness
    Location:
    New Zealand, South Korea
    Firm:
    Hesketh Henry
    Corporate recovery and insolvency
    2012-06-14

    The Slovenian legislation includes the following types of in rem securities relating to: (i) real properties – mortgage (hipoteka), land debt (zemljiški dolg), real encumbrance (stvarno breme); and (ii) movables and property rights, respectively – pledge (zastavna pravica), retention of title (pridržek lastninske pravice), transfers by way of security (prenos v zavarovanje), and assignment by way of security (odstop v zavarovanje).

    Filed under:
    Slovenia, Insolvency & Restructuring, Schoenherr, In rem jurisdiction, Title retention clause
    Location:
    Slovenia
    Firm:
    Schoenherr
    The “SANKO MINERAL” – claim in rem issued following a court order to sell vessel held to be valid
    2015-02-10

    A party with a statutory right to an admiralty claim in rem, which had issued its claim after the Admiralty court had ordered the sale of a vessel, did not lose its right to enforce the  claim1. The claim in rem could be enforced against the sale proceeds provided that the person  liable in personam was the beneficial owner of the sale proceeds.

    Facts

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Admiralty law, In rem jurisdiction
    Authors:
    Peter Ward
    Location:
    South Africa
    Firm:
    Clyde & Co LLP

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