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Arbitration clauses may be enforceable in core bankruptcy proceedings

Reed Smith LLP
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USA
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July 31 2007

The U.S. Court of Appeals for the Eleventh Circuit has held that the bankruptcy court’s exclusive jurisdiction to dispose of estate property did not preclude the enforcement of an arbitration provision

High court denies cert in ruling

Reed Smith LLP
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USA
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June 10 2008

The United States Supreme Court has denied a petition for certiorari in a case in which the U.S. Court of Appeals for the Ninth Circuit had articulated when a bankruptcy court should stay arbitration proceedings between non-debtor parties

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

2012 in review: key legal and regulatory developments

Allen & Gledhill LLP
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Singapore
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December 20 2012

This table provides an overview of the key developments in 2012 to date

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

Southern District of New York confirms FINRA arbitration award

Jorden Burt LLP
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USA
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May 17 2010

Following an initial FINRA arbitration award holding Steven Singer liable to Hartford Financial Holdings for compensatory damages, Mr. Singer filed Chapter 7 bankruptcy

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Search results

Arbitration clauses may be enforceable in core bankruptcy proceedings

High court denies cert in ruling

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

Stay Judgments Regulation

Mead General Building Ltd v Dartmoor Properties Ltd

Freight

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

2012 in review: key legal and regulatory developments

Arbitration and insolvency

Southern District of New York confirms FINRA arbitration award

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