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    The Company Administration Regime in Guernsey
    2020-05-05

    Introduction

    The Companies (Guernsey) Law, 2008 (“Companies Law”) provides for companies, protected cell companies (“PCCs”), incorporated cell companies (“ICCs”) and cells of PCCs and ICCs to be placed into administration and for an administrator to be appointed to manage that entity's affairs whilst the administration order remains in force.

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, International Chamber of Commerce
    Authors:
    Simon Davies , Marcus Leese , Mathew Newman , Alex Horsbrugh-Porter
    Location:
    Guernsey
    Firm:
    Ogier
    Global arbitrations around the world: Qatar
    2020-04-20

    Thomas Williams, Ahmed Durrani and Umang Singh, Sultan Al-Abdulla & Partners

    This is an extract from the 2020 edition of GAR’s Middle Eastern and African Arbitration Review . The whole publication is available here. 

    Introduction

    Filed under:
    Qatar, Arbitration & ADR, Insolvency & Restructuring, Litigation, Global Arbitration Review, International Chamber of Commerce
    Location:
    Qatar
    Firm:
    Global Arbitration Review
    Re: Tundrill Ltd ­- Unreported
    2020-08-21

    The Court has granted one of the first Winding Up Orders under CIGA 2020.

    The winding up petition had been issued on 1 May 2020, 8 weeks before CIGA 2020 came in to force, but after 27 April 2020, the date from which CIGA 2020 applies retrospectively. As a result, the petitioner could not have ensured that the winding up petition satisfied the requirements of CIGA 2020, as those requirements were not in existence at the time that the petition was presented.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Boyes Turner LLP, Coronavirus, International Chamber of Commerce
    Authors:
    Rebecca Nicholson , Lizzie Peck , Oliver Fitzpatrick , Phil Smith
    Location:
    United Kingdom
    Firm:
    Boyes Turner LLP
    Court considers effect of liquidation stay on regulatory action by the Financial Conduct Authority
    2020-11-18

    The English Court has, for the first time, handed down judgment on whether the liquidation stay prevents the Financial Conduct Authority (the "FCA") from issuing a Warning Notice under sections 92 and 126 of the Financial Services and Markets Act 2000 ("FSMA") without first seeking leave from the Court.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, Financial Conduct Authority (UK), HM Revenue and Customs (UK), International Chamber of Commerce, Carillion
    Authors:
    Vanessa Whitman , Kushal Gandhi , Ross Blackhall
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Funding In Focus - Content Series - Report Three - July 2016
    2016-07-08

    FUNDING IN FOCUS CONTENT SERIES REPORT T HREE JULY 2016 2 | VANNIN CAPITAL Funding in Focus Content Series Welcome Welcome to the third edition of Funding in Focus. Since the inception of Funding in Focus, the funding market has grown and developed. This development is reflected in the number, type and complexity of the cases we are being asked to fund across the globe. We have seen an exponential rise in requests for funding in a range of sectors, including in arbitration and insolvency, and in a range of jurisdictions.

    Filed under:
    Australia, Global, United Arab Emirates, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Legal Practice, Litigation, Vannin Capital PCC, UNCITRAL, International Chamber of Commerce, Arbitral tribunal
    Location:
    Australia, Global, United Arab Emirates, United Kingdom
    Firm:
    Vannin Capital PCC
    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, Bribery Act 2010 (UK)
    Authors:
    Tim Hardy , Guy Pendell , Omar Qureshi , Lindsey Davies
    Location:
    European Union, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Funding in Focus: Issue 4, 2017
    2017-01-24

    ISSUE FOUR 2017 FUNDING IN FOCUS Are Asian arbitral centres going to surpass the old continent? PwC Damages: an expert’s view Who wins, where and why? Stockholm, Sweden, Scandinavia Freshfields Bruckhaus Deringer 60 seconds Q&A with Erin Miller Rankin Brick Court Chambers Competition damages litigation in London pre- and post- Brexit Wilberforce Chambers Getting at trust assets and piercing the corporate veil Disputes funding for corporates CONTENTS Are Asian arbitral centres going to surpass the old continent?

    Filed under:
    Denmark, European Union, Finland, Hong Kong, Norway, Singapore, South Korea, Sweden, United Kingdom, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Law Firm Management, Legal Practice, Litigation, Private Client & Offshore Services, Vannin Capital PCC, International Chamber of Commerce, London Court of International Arbitration
    Location:
    Denmark, European Union, Finland, Hong Kong, Norway, Singapore, South Korea, Sweden, United Kingdom
    Firm:
    Vannin Capital PCC
    Liquidation and Fiduciary Duties: No Rest for (the Wicked?) Directors
    2020-04-15

    In Hunt (as Liquidator of System Building Services Group Ltd) v Michie & Ors [2020] EWHC 54 (Ch), ICC Judge Barber has confirmed that directors of insolvent companies remain subject to fiduciary duties, even after those companies enter into an insolvency procedure.

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Kingsley Napley, Board of directors, International Chamber of Commerce, Companies Act, Insolvency Act 1986 (UK)
    Authors:
    Richard Clayman
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Enforcing international arbitration clauses in bankruptcy proceedings
    2014-03-21

    Introduction
    Shifting balance between international arbitration and bankruptcy
    Arbitration clauses in US bankruptcy courts
    Implications of Stern v Marshall


    Introduction

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, International Chamber of Commerce, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Venezuela Debt Update: Recent Developments in Arbitrations that Could Impact Restructuring Efforts
    2018-10-18

    It’s hard to find something positive these days to write about Venezuela. Some basic facts tell the story of the misery there.

    Consumer prices this year might rise one million percent. The minimum wage was increased by 3,000 percent so that seven million workers will now receive $20 a month. And many others live on just $2 to $8 a month and eat one meal a day. The poverty rate is a crushing 82 percent. Medicine is scarce.

    Filed under:
    Venezuela, Arbitration & ADR, Insolvency & Restructuring, Public, Patterson Belknap Webb & Tyler LLP, International Chamber of Commerce
    Authors:
    Daniel A. Lowenthal
    Location:
    Venezuela
    Firm:
    Patterson Belknap Webb & Tyler LLP

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