Crossroads Of Insolvency And Arbitration
DOWNLOAD
Download Crossroads Of Insolvency And Arbitration PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Crossroads Of Insolvency And Arbitration book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Crossroads Of Insolvency And Arbitration
DOWNLOAD
Author : Ishaan Madaan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-06-09
Crossroads Of Insolvency And Arbitration written by Ishaan Madaan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-09 with Law categories.
Comparative Law Yearbook of International Business, Volume 43A Each year, a Special Issue of the Comparative Law Yearbook of International Business is published under the auspices of the Center for International Legal Studies. The 2022 Special Issue addresses the intersection of arbitration and insolvency. This junction has been made all the more topical and intense by the adverse effects of Covid-19 on a broad range of businesses’ finances and supply chains, and by the still growing recourse to arbitration (and other forms of alternative dispute resolution) to resolve business disputes. A diverse pool of contributors gives a broad range of perspectives from Europe (Italy, Lithuania, the United Kingdom), the Middle East (Palestine, UAE), Asia (India), Africa (Zimbabwe), North America (Canada) and public international law on several common issues posed when one or more parties to an arbitration (agreement) are faced with a financial crisis – or vice versa when an overindebted party is expected to resolve claims that it has or faces, not in State courts but before “private” adjudicators. This Special Issue is aimed at bringing to fore the multitude of issues that exist at the convergences of the domains—a step toward better understanding the intricacies and the complexities that arise in different jurisdictions, and how stakeholders react. To highlight just a few of the aspects addressed: the law to be applied by arbitral tribunals in regard to insolvency issues; insolvency arbitrations and tax claims; how the representatives of bankrupt entities may participate in international investment claims; avoidance of transactions and anti-suit injunctions; and the uneasy but unavoidable cohabitation of insolvency and arbitration in the Middle East and North Africa Region.
Arbitration And Insolvency
DOWNLOAD
Author : Richard Bamforth
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
Arbitration And Insolvency written by Richard Bamforth and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-02 with Law categories.
In light of the increasing number of challenges facing the business world, this critical book explores the inherent collision course between insolvency and international arbitration. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; and how insolvency impacts on enforcement of arbitral awards.
Insolvency In Commercial Arbitration
DOWNLOAD
Author : Fabian van den Ven
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-08-31
Insolvency In Commercial Arbitration written by Fabian van den Ven and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-31 with Law categories.
The settling of disputes in international trade and in large and technically complex construction projects can hardly be imagined without the institution that is arbitration. Another thing we can be sure about is that insolvency will also remain a part of the lifecycle of business entities within the currently existing economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties. Hence this book aims to thoroughly investigate the many legal issues arising in arbitral proceedings when insolvency and arbitration clash. This interaction is increasingly frequent today. Providing much-needed practical guidance derived from a broad and deep theoretical discussion, the book covers such aspects as the following: the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award; the position of insolvency and arbitration within a legal order; the arbitrability of insolvency(-related) issues and claims; the possibility of determining claims in insolvency via arbitration; the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and insolvency in arbitration within the application of the European Insolvency Regulation. After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The author concludes with a number of considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration. Based on a systematic application of arbitration and insolvency theory, the book provides an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book provides a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, helping tribunals to navigate the treacherous waters of insolvency in arbitration.
International Arbitration And Cross Border Insolvency
DOWNLOAD
Author : Simon Vorburger
language : en
Publisher: Kluwer Law International
Release Date : 2014
International Arbitration And Cross Border Insolvency written by Simon Vorburger and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.
The Interplay Between Insolvency Proceedings And Parallel International Arbitration Proceedings In The Post Pandemic World
DOWNLOAD
Author : Kiran Nasir Gore
language : en
Publisher:
Release Date : 2020
The Interplay Between Insolvency Proceedings And Parallel International Arbitration Proceedings In The Post Pandemic World written by Kiran Nasir Gore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
As businesses emerge into the post-pandemic world, insolvency proceedings offer practical solutions to businesses aiming to recover from the recent global economic fallout. These businesses hope to repay their debts, restructure and reorganize their assets, and generally manage their operations. While effective, insolvency-based solutions are often designed only to further domestic legal and policy goals and they do not perfectly interact with cross-border business relationships. This article draws upon the authors' expertise in international dispute resolution to discuss the legal and practical challenges found at the intersection of insolvency proceedings and parallel international arbitration proceedings. These insights provide businesses and their insolvency advisers with a blueprint for managing competing concerns at a sensitive and unpredictable time in a business's lifecycle.
Insolvency Proceedings And Commercial Arbitration
DOWNLOAD
Author : Vesna Lazić
language : en
Publisher: Springer
Release Date : 1998-11-18
Insolvency Proceedings And Commercial Arbitration written by Vesna Lazić and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-11-18 with Law categories.
Throughout the work, introductions and conclusions serve as overviews of particular components of the study, and set out the observations drawn. An overall summary and conclusion section crystallizes the points made
The Effect Of Insolvency On Pending International Arbitration
DOWNLOAD
Author : Deyan Draguiev
language : en
Publisher:
Release Date : 2015
The Effect Of Insolvency On Pending International Arbitration written by Deyan Draguiev and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Situations in which the respondent in international arbitral proceedings is declared insolvent in its jurisdiction of incorporation while the arbitration is still pending are not uncommon. They raise a number of choice of law issues both in terms of substantive and procedural law. While the roots of arbitration lie in party autonomy, insolvency laws are often comprised of mandatory rules protecting the interests of different classes of stakeholders. This article attempts to devise an abstract model of the various choice of law and characterization problems regarding the cross-border effect of the insolvency and provide reasoned options and solutions for the arbitral tribunal faced with the interaction between insolvency and pending arbitration proceedings. It is suggested that it is part of the arbitrators' duty to render an enforceable award to consider cautiously the effects of insolvency, especially if there is a risk of a clash with the mandatory framework of insolvency either at the seat of the arbitration or the likely place of enforcement of the award. The arguments are tested against recent case law of various national courts having reviewed the conflicts between arbitration and insolvency.
Cross Border Insolvency Intellectual Property Litigation Arbitration And Ordre Public
DOWNLOAD
Author : Rolf Stürner
language : en
Publisher:
Release Date : 2011
Cross Border Insolvency Intellectual Property Litigation Arbitration And Ordre Public written by Rolf Stürner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Arbitration (International law) categories.
" ... Contributions from two symposia held in Nagoya, Japan ... March 7-8, 2009 ... November 14-15, 2009" --Preface.
Capturing The Benefits Of Arbitration For Cross Border Insolvency Disputes
DOWNLOAD
Author : Edna Sussman
language : en
Publisher:
Release Date : 2016
Capturing The Benefits Of Arbitration For Cross Border Insolvency Disputes written by Edna Sussman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Insolvency proceedings are often lauded for providing a relatively quick and efficient means of resolving disputes among insolvent debtors and their creditors. Historically, insolvency courts have adhered to the principle of “territoriality,” which posits that bankruptcy proceedings should be brought in the jurisdiction where property or assets of the debtor are located, and that the courts in that forum have jurisdiction and priority over those assets. Based on this principle, in a typical domestic insolvency proceeding, one forum will exercise jurisdiction over the debtor and all of its assets; the adjudicator can thus make decisions that will bind all of the creditors seeking a piece of those assets. The principle of territoriality has become difficult to apply in our increasingly globalized world. Today's multinational corporations operate in multiple countries and hold assets across the globe. Thus a debtor and its affiliate entities may be subject to multiple insolvency proceedings in various jurisdictions. The efficiency gains of a single-forum insolvency process no longer exist, and instead debtors can find themselves in intractable disputes or subject to inconsistent decisions issued by multiple courts. Over the last two decades, there have been various proposals to address the complications inherent in cross-border insolvency proceedings. In the aftermath of the recent financial crisis, which brought a wake of insolvent debtors with massive international presence, the issue has received increased attention. This paper Recently explores several ways in which international arbitration can be used to bring efficiency and consistency to cross-border insolvency proceedings.
Sovereign Debt At The Crossroads
DOWNLOAD
Author : Chris Jochnick
language : en
Publisher: Oxford University Press
Release Date : 2006-04-13
Sovereign Debt At The Crossroads written by Chris Jochnick and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-13 with Business & Economics categories.
Recent world events have created a compelling need for new perspectives and realistic solutions to the problem of sovereign debt. The success of the Jubilee 2000 movement in raising public awareness of the devastating effects of debt, coupled with the highly publicized Bono/O'Neill tour of Africa, and the spectacular default and economic implosion of Argentina have helped spur a global debate over debt. A growing chorus of globalization critics, galvanized by the Catholic Church's demand for forgiveness and bolstered by recent defaults, has put debt near the top of the international agenda. Creditor governments and international financial institutions have belatedly recognized the need for more sustainable progress on debt as an inescapable step towards economic recovery in many parts of the world. This book is intended to advance the dialogue around these issues by providing a comprehensive overview of the problems raised by debt and describing new and practical approaches to overcoming them. It will be the first in more than a decade to bring together under one cover the voices of prominent members of the international debt community. It will include pieces from the most relevant constituencies: from creditors (the IMF/World Bank, government lenders, private investors) to critics (debtor representatives, activists, and academics) and analysis from economists, bankers, lawyers, social scientists, and politicians. As contributions come from such leading thinkers across a range of disciplines, this book will offer a timely guide for understanding and influencing the debt debate.
