Introduction
Editor, Jonathan Spearing
Welcome to the ninth edition of Commodities in Focus (CIF); our bulletin for clients engaged in the production, trading, carriage, storage and financing of commodities.
Introduction:
Herbert Morgenstern Kugler, Thomaz Bastos, Waisberg, Kurzweil Advogados
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
The Brazilian Bankruptcy Code – Law 11,101/2005 – sets forth three main proceedings: an out-of-court restructuring, known as an extrajudicial restructuring (REJ); judicial restructuring (RJ); and bankruptcy or liquidation.
I. Delhi HC: If the original contract in entirety is put to an end, the arbitration clause, which is a part of it, also perishes along with it The Hon’ble High Court of Delhi (“DHC”) has in its judgement dated October 22, 2020 (“Judgement”) in the matter of Sanjiv Prakash v. Seema Kukreja and Others [ARB. Pet. 4/2020], held that if the contract is superseded by another, the arbitration clause, being a component/part of the earlier contract, falls with it.
TAX CONTROVERSY AND LITIGATION NEWSLETTER
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Focus on Tax Controversy
NOVEMBER 2020\\VOLUME 4\\ISSUE 3
IN THIS ISSUE
ARTICLES AND UPDATES Bankruptcy Court's Jurisdiction To Resolve Tax Claims2 FAQs Issued Under The CARES Act Invalid Under The APA8 Tax Court Concludes IRS Failed to Satisfy 675111
Penalty For Failure To File Form 5471 Is Not Divisible 14 Sixth Circuit Rejects Taxpayer's Judicial Estoppel Claim17
ABOUT US Winston & Strawn's Tax Controversy and Litigation Practice 20
Editors 20
Janus was a pagan god worshipped by the ancient Romans before an event commenced or during transitional periods such as from war to peace. Commonly depicted with two faces pointing towards opposite directions, the two-faced god represents the past and future, opposing sides but also deceit. As this article shall explain below, the Covid-19 Act is an instrument meant to guide us on navigating this post-coronavirus age but regrettably, does not live up to all of its tales.
As business and commerce becomes increasingly cross-border in nature, it is important for businesses to have knowledge of restructuring and insolvency regimes of foreign jurisdictions. This is particularly relevant in the Southeast Asia region, given the close connection and links amongst the Southeast Asian states.
ABSTRACT:
The restructuring, preventive composition, and bankruptcy law No. 11/2018 issued on 19th of February 2018 and entered into force on the 22nd of March 2018 (the “Law”) is the first law that is entirely dedicated to bankruptcy and is seen as a positive step in attracting investments in Egypt. The Law replaces the fifth chapter of the Trade Law no. 17 of 1999 which dealt with corporate bankruptcy in a perfunctory manner although the Egyptian corporate entities dominate 95% of Egypt’s enterprises.
This round-up collates the information, analysis and guidance relating to insolvency issues shared by our Construction and Restructuring, Insolvency and Bankruptcy teams during the COVID-19 pandemic. For further information on any of the issues below, please get in touch with one of the Key Contacts.
It’s often hard to tell whether the conflict between environmental cleanup laws and bankruptcy statutes is a bug or a feature. The two seem irreconcilable when the intent of environmental laws to protect public health and safety by imposing cleanup costs on the polluter runs headlong into the Bankruptcy Code’s design to give a debtor a fresh start. Frequently, the latter prevails.