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Insolvency in international arbitration: a growing concern

Bird & Bird
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Global, United Kingdom
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January 28 2009

In 2008, the catastrophic effect of the credit crunch spread to most world economies, touching governments, companies and individuals alike

Court of Appeal determines effect of party's insolvency in one EU jurisdiction on arbitral proceedings in another

Herbert Smith Freehills LLP
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United Kingdom
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October 5 2009

Article 4.1 of Council Regulation (EU) No 13462000 of 29 May 2000 on Insolvency Proceedings (the "Regulation") states: "Save as otherwise provided in this Regulation, the law applicable to insolvency proceedings and their effects shall be that of the Member State within the territory of which such proceedings are opened..."

Stay Judgments Regulation

Reed Smith LLP
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United Kingdom
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February 28 2009

In DHL GBS (UK) Ltd v Fallimento Finmatica Spa Butterworths Law Direct 20.2.09 the Commercial Court gave its first decision on the issues dealt with by the ECJ in the Front Comor

Mead General Building Ltd v Dartmoor Properties Ltd

Fenwick Elliott Solicitors
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United Kingdom
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March 4 2009

Mead sought to enforce an adjudicator's decision of £332k

Freight

Reed Smith LLP
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United Kingdom
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October 31 2007

In Samsun Logix Corporation v Oceantrade Corporation; Deval Denizeilik VE Ticaret A.S. v Oceantrade Corporation and another Butterworths Law Direct 18.10.07 the Defendant in both cases was subject to Chapter 11 proceedings in the US

Court of Appeal determines effect of party's insolvency in one EU jurisdiction on arbitral proceedings in another

Herbert Smith Freehills LLP
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United Kingdom
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October 5 2009

Arbitration and insolvency

Edwards Wildman Palmer LLP
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United Kingdom
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August 7 2009

In Josef Syska (Administrator of Elektrim SA (in bankruptcy) and Elektrim SA (in bankruptcy) v Vivendi Universal SA & Others 2009 EWCA Civ 677 the main question to be decided by the Court of Appeal was whether, when an arbitration is proceeding in one Member State of the European Union, in this case the UK, and one of the parties to the arbitration becomes insolvent in another Member State, in this case Poland, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the Member State where the insolvency proceedings have been instituted or the law of the Member State in which arbitration is taking place