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Commercial Restructuring & Bankruptcy Alert - April 2017, Issue 1

by Reed Smith on

Welcome to the April 2017 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Excerpt from Newsletter: SUPREME COURT WILL DECIDE STANDARD OF REVIEW ON...more

Massachusetts Appeals Court Upholds Confidentiality of Mediation and Highlights the Art of Dealing with Distress

The Massachusetts Appeals Court recently issued an opinion in ZVI Construction Co. v. Levy, et al., 90 Mass. App. Ct. 412 (2016) refusing to override the terms of a written confidentiality agreement entered into between...more

Commodities contracts and the impact of the OW Bunkers case

by Reed Smith on

As we reported in an earlier Client Alert, the UK Supreme Court recently handed down its highly anticipated judgment in the Res Cogitans case. The Supreme Court was unanimous in finding that a contract to supply bunkers to...more

“The ABC’S of ACB’S” – Arbitration Clauses in Bankruptcy Court

by Tucker Arensberg, P.C. on

You’ve decided that your business will fare better if you put a mandatory arbitration clause into all of your contracts. You want to be fair to your counterparty, so you choose to arbitrate under the Federal Arbitration Act....more

Litigation. Major Russian legislation changes for 2015

by Dentons on

1. Adoption and entry into force of the Russian Federation Code of Administrative Procedure dated March 8, 2015, No. 21-FZ - The Russian Federation Code of Administrative Procedure (the Administrative Procedure Code)...more

So You Want to Arbitrate a Chose in Action Obtained Through an ABC?

by Polsinelli on

The Court of Chancery for the State of Delaware recently issued a ruling affirming the ability of assignees in assignments for the benefit of creditors (ABCs) to assert claims against third parties originally held by the...more

Energy Future Holdings – Another Major Success for Chapter 11 Mediation?

by Kelley Drye & Warren LLP on

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex...more

Court varies order recognising South Korean insolvency proceedings to allow pursuance of claims in London arbitration

by Reed Smith on

Re Pan Ocean Co Ltd [2015] EWHC 1500 (Ch) - The Applicants had entered into a pool agreement and time charter with Pan Ocean, both of which were governed by English law and provided for London arbitration. The agreements...more

Should Court Approval Be Required to Engage in Mediation?

by Buchalter on

Alternate Dispute Resolution is an accepted alternative to litigation, consists primarily of arbitration and mediation. Arbitration involves the disputing parties presenting their arguments to a mutually agreed upon neutral...more

Banking & Financial Services E -Note - March 2015

by Burr & Forman on

In This issue: - 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy - Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure...more

Effect Of Cross-Border Insolvency On Contractual Time Bar

by Allen & Overy LLP on

In Bank of Tokyo-Mitsubishi UFJ Ltd v Owners of the MV Sanko Mineral [2014] EWHC 3927 it was held that, as a matter of English law, a claimant should have commenced arbitration within 12 months, in accordance with contractual...more

Historic Award in the Yukos Majority Shareholders Arbitration

by Shearman & Sterling LLP on

In this issue: - Background of dispute - Tax reassessments - Harassment of Yukos - Settlement offers - “Rigged” auction - Harassment of PwC - Bankruptcy - Legal...more

International Arbitration - Q4 2013

by DLA Piper on

AUSTRALIA: NEW GOVERNMENT MAY LEAD TO OPPORTUNITIES FOR INVESTOR/STATE ARBITRATION - This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for...more

Hungary: Arbitration agreement is not binding on insolvent claimant

by DLA Piper on

A recently published ruling of a Hungarian regional court of appeal has held that the enforcement of claims by an insolvent claimant in arbitration is contradictory to the aims of the insolvency proceedings and to a...more

Energy Newsletter - April 2013

by King & Spalding on

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...more

In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration

On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration,...more

Hostess to Liquidate

After a final mediation session between Hostess and its unions failed to put Hostess’s reorganization back on track, Bankruptcy Judge Robert Drain authorized the orderly wind down of Hostess’s operations. As a result, Hostess...more

Governor Corbett Signs into Law an Amendment to Act 47 Concerning Distressed Municipalities in Pennsylvania

by Saul Ewing LLP on

On July 5, 2012, Governor Tom Corbett signed into law Senate Bill No. 1321, designated as Act 133 of 2012 ("Act 133"), which amends the Municipalities Financial Recovery Act, P.L. 246, No. 47, as amended ("Act 47"), to (i)...more

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

by Mintz Levin on

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

Court Holds Plan Does Not Trump Arbitration Clause In Parties’ Agreement

On March 9, 2012, Judge Allan L. Gropper of the U.S. Bankruptcy Court for the Southern District of New York held that a claim for damages resulting from a debtor’s breach of an executory contract must be arbitrated...more

Mass Preference Litigation: Strategies And Pitfalls (Including The Use Of Streamlined Procedures And Mediation)

by Jackson Walker on

TABLE OF CONTENTS PART A-- PLAINTIFF ISSUES ...1 I. APPLICATION OF THE TWOMBLY/IQBAL TO PREFERENCE ACTIONS ...2 A. Rule 12(b)(6) Decisions Pre-Twombly/Iqbal...2 B. Bankruptcy Courts After the Higher...more

What is the dollar in the United States

by Dan Goodman on

A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more

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