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Results: 1-10 of 54

Arbitration clauses may be enforceable in core bankruptcy proceedings

  • Reed Smith LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Stay Judgments Regulation

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • 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
  • -
  • United Kingdom
  • -
  • March 4 2009

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

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

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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"

Arbitration and insolvency

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

Indiana Court of Appeals holds that claim under the Fair Credit Reporting Act survives bankruptcy and must be arbitrated

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • August 23 2010

On July 26, 2010, the Indiana Court of Appeals, in the published decision of Green Tree Servicing, LLC. ., v. Brian D. Brough, No. 88A01-0911-CV-550, addressed the issue raised by Appellant Green Tree as to whether the trial court erred by vacating its prior Order directing the parties to arbitrate their dispute, which involved a prior bankruptcy filing and a claim under the Fair Credit Reporting Act

Singapore High Court rules against arbitrability of insolvency claims

  • Allen & Gledhill LLP
  • -
  • Singapore
  • -
  • August 20 2010

The case of Petroprod Ltd (in official liquidation in the Cayman Islands and in compulsory liquidation in Singapore) v Larsen Oil and Gas Pte Ltd 2010 SGHC 186 ("Petroprod Ltd") is significant as the Singapore High Court decided that claims which arise from avoidance provisions in Singapore insolvency laws are non-arbitrable as they exist for the benefit of the general body of creditors as a whole

Withdrawal liability payments are not deferred pending arbitration when accelerated due to insolvency

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • September 17 2010

Until 2007, O’Neill Bros. Transfer & Storage took part in a multi-employer pension fund administered by the Central States Southeast and Southwest Areas Pension Fund (the “Fund”

Singapore High Court upholds winding up proceedings based on statutory demand for debt founded on an arbitration award

  • Allen & Gledhill LLP
  • -
  • Singapore
  • -
  • August 31 2010

In Pacific King Shipping Pte Ltd & Anor v Glory Wealth Shipping Pte Ltd, one of the key issues which the Singapore High Court had to consider was whether the defendant was precluded from commencing winding up proceedings against the plaintiffs via section 254(2)(a) read with section 254(1)(e) of the Companies Act (the "CA") on the basis of a debt that was founded on a foreign arbitration award which had not been enforced

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