Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more
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
Electronic Trade Documents Act - The passing of the Electronic Trade Documents Act 2023 (the “Act”) often touted as “game-changing” and “revolutionary” is the UK’s alternative to adopting the UNCITRAL Model Law on Electronic...more
The United Kingdom’s Office of Financial Sanctions Implementation (OFSI) has granted the London Court of International Arbitration (LCIA) a General Licence allowing it to process payments from designated parties (DPs) who are...more
On July 7, 2022, the UK Insolvency Service, an executive agency of government responsible for a variety of roles in administering the UK insolvency regime, published a consultation on the UK’s proposed adoption of two...more
The question of whether a party’s failure to comply with a mandatory step in a multi-tiered dispute resolution clause is an issue of “admissibility” or “jurisdiction” was a hot topic in the international arbitration sphere...more
As discussed in Part I of this two-part series, Russia has imposed sweeping economic measures in response to the international sanctions imposed by other States on Russia for its invasion of Ukraine. Those economic measures...more
On 14 June 2021, the Privy Council of the United Kingdom (“Privy Council”) handed down judgment in Betamax Ltd (“Betamax”) v State Trading Corporation (Mauritius) (“STC”). The judgment provides important guidance on the...more
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
In December 2018, at its 54th session in Vienna, Working Group V (Insolvency Law) of the United Nations Commission on International Trade Law (UNCITRAL) discussed revisions to its Enterprise Group Insolvency: Draft Model Law...more
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
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
Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more
On August 20, 2018, the National Bankruptcy Conference (the "NBC") submitted a letter (the "Letter") to representatives of the House Subcommittee on Regulatory Reform and the House Committee on the Judiciary that proposed...more
UNCITRAL has adopted and published a second model law to promote universalism of restructuring and insolvency. This new model law is now readily available for domestic implementation across the world. The earlier model law...more
Welcome to the 2018 edition of Getting the Deal Through – Dispute Resolution. It gives us great pleasure to act as contributing editors of this publication (and co-authors of the England & Wales chapter) together with experts...more
The decision confirms that UNCITRAL Rules do not impose a higher procedural fairness burden than the Arbitration Act and that the foreign act of state doctrine applies in arbitrations. The Commercial Court considered...more
Update to Allen & Overy 2012 study shows increases on all metrics but, importantly, tribunals taking more nuanced and rigorous approach to parties’ costs Please enter Byline. Investors abroad are increasingly aware of their...more
Parents, headmasters, hoteliers, restauranteurs, insurers and countries love them or hate them, depending on how their school or restaurant, company or nation is ranked. I’m referring to the World Bank’s annual Doing...more
In a recent challenge to an arbitral award under section 67 of the Arbitration Act 1996 (the Act), the High Court in Ruby Roz Agricol LLP v Republic of Kazakhstan, confirmed that the tribunal had correctly declined...more
The European Commission (EC) announced proposals on 22 November 2016, which are intended to harmonise national insolvency laws across the EU through a proposed directive “on preventative restructuring frameworks, second...more
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
UNCITRAL’s Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) present challenges to manage the costs of compliance while avoiding the consequences of non-compliance. Transparency in...more
Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more