News & Analysis as of

Foreign Jurisdictions UNCITRAL

Mayer Brown

To Be Or Not To Be (Solvent) - A Comparative Analysis Of Singapore, UK, US, And Australia On Recognising Foreign Proceedings...

Mayer Brown on

The recent case of Ascentra Holdings, Inc v. SPGK Pte Ltd [2023] SGCA 32 (Ascentra) has drawn a line in the sand in the Singapore court's interpretation of the UNCITRAL Model Law on Cross-Border Insolvency (UNCITRAL Model...more

Goodwin

A Brief Defense of COMI

Goodwin on

For a foreign proceeding to be recognized under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”) and its offspring, chapter 15 of the Bankruptcy Code, the foreign proceeding must be either a foreign main...more

Latham & Watkins LLP

UK Government to Implement UNCITRAL Model Law on Enterprise Group Insolvency

Latham & Watkins LLP on

The model law aims to maximise group-wide recoveries in an insolvency through cooperation and efficient administration. The UK government has announced its intention to legislate to implement the UNCITRAL Model Law on...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

Conyers

The Enforcement of International Arbitral Awards in the Cayman Islands

Conyers on

This article discusses the rules applicable to the enforcement of international arbitral awards in the Cayman Islands pursuant to the Arbitration Law 2012 and related legislation with particular reference to Asia-seated...more

Eversheds Sutherland (US) LLP

Powerful US discovery tool still allowed for international litigation but not commercial arbitration

On June 13, 2022, the US Supreme Court decided ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, holding that Section 1782 requires a “foreign or international tribunal” be a tribunal imbued with governmental authority....more

Morrison & Foerster LLP

International Arbitration Update: U.S. Supreme Court Limits the Scope of Discovery in Aid of International Arbitration to...

Does 28 U.S.C. § 1782 (“Section 1782”), which permits litigants to seek the assistance of U.S. district courts in obtaining evidence for use in a “foreign or international tribunal,” apply to arbitrations before “private...more

WilmerHale

The U.S. Supreme Court Rules That U.S. Discovery Under 28 U.S.C. 1782 Is Unavailable For Use in Most International Arbitrations

WilmerHale on

On 13 June 2022, in ZF Automotive v. Luxshare, the U.S. Supreme Court held unanimously that 28 U.S.C. § 1782 does not allow discovery for use in most international arbitral proceedings. The Supreme Court held that only...more

Jones Day

Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

Jones Day on

The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more

Hogan Lovells

First English Scheme of Arrangement Recognised in Canada under the CCAA

Hogan Lovells on

In a recent decision, the Ontario Superior Court of Justice recognised the English law schemes of arrangement of the Syncreon group under the Companies’ Creditors Arrangement Act, RSC 1985, c C-36 (“CCAA“). ...more

Shumaker, Loop & Kendrick, LLP

Cross-Border Insolvency: English High Court ruling impacts Delaware Chapter 11 case

David Conaway reports on a ruling by the English High Court in late 2018 that impacted the US Chapter 11 proceedings in Delaware. Originally published in Eurofenix, Spring 2019. ...more

Jones Day

English Court of Appeal Upholds "The Gibbs Rule"

Jones Day on

The Situation: In Bakhshiyeva v Sberbank of Russia, a debtor sought to restructure English law-governed debts pursuant to an Azerbaijani restructuring proceeding. In order to prevent certain dissenting creditors from...more

Jones Day

New UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-Related Judgments

Jones Day on

On September 18, 2018, the United Nations Commission on International Trade Law ("UNCITRAL") published its final version of the new Model Law on the Recognition and Enforcement of Insolvency-Related Judgments (the "IRJ Model...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

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