As defined by Mister Fantastic in the Marvel Cinematic Universe, “[a]n Incursion occurs when the boundary between two universes erodes and they collide, destroying one or both entirely.” In the realm…
The year 2024 witnessed notable advancements in the Southeast Asian arbitration and dispute resolution landscape. Key developments included legislative reforms, initiatives to strengthen arbitration…
Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings…
Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all…
Arbitration and insolvency embody, to some extent, countervailing legal policies. Courts in many jurisdictions have grappled with the extent to which claims involving an insolvent company should be…
On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16, holding that winding up proceedings should not be…
The impact of arbitration clauses on winding-up proceedings (i.e., if both are present, when and how can the former get prioritized over the latter) has long been an issue with diversified practices…
In the ever-evolving landscape of international commercial disputes, the co-existence of arbitration and insolvency-related proceedings has become a focal point. This comparative piece delves into…
For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the applicable law in insolvency proceedings. The law governing the effects of insolvency in…
