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Bankruptcy Alternative Dispute Resolution (ADR)

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Three Point Shot - September 2017

by Proskauer Rose LLP on

On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more

Bankruptcy Court Grants MF Global Holdings’ Motion To Reconsider Decision To Compel Arbitration In Bermuda, But Reaches Same...

by Carlton Fields on

On September 6, 2017, the Bankruptcy Court for the Southern District of New York issued the latest order in the ongoing coverage battle between MF Global Holdings (“MF Global”) and Allied World Assurance Company regarding the...more

Following Series Of Procedural Battles, Bankruptcy Court Sends MF Global Holdings Dispute To Arbitration In Bermuda

by Carlton Fields on

In the latest opinion arising from a coverage dispute following MF Global Holdings’s bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda pursuant to the underlying...more

Tenth Circuit Upholds Confirmation Of Arbitral Award In LLC Dissolution Dispute

by Carlton Fields on

The Tenth Circuit recently affirmed a district court’s confirmation of an arbitration award in a dispute regarding the dissolution of Knowledge Strategy Solutions, LLC (“KSS”). KSS was a partnership between the professional...more

Bankruptcy Court Requires An MF Global Holdings Bermuda Reinsurer To Post $15 Million Bond Before Deciding Motion To Compel...

by Carlton Fields on

In the most recent decision in an ongoing dispute between MF Global Holdings Ltd. and its (re)insurers, the Bankruptcy Court for the Southern District of New York ordered Allied World to post a $15 million bond before the...more

Use of Accounting Term of Art in Arbitration Provision of Asset Purchase Agreement Narrows its Scope in Favor of Bankruptcy Court...

The Delaware District Court affirmed the bankruptcy court’s decision that the combination of a narrow arbitration provision and the bankruptcy court’s reservation of jurisdiction warranted denial of a motion to compel...more

From a doodle to the Grand Bargain

by JAMS on

How the bankruptcy in Detroit was resolved through mediation - Judge Rhodes: Detroit’s problems were well known long before it filed bankruptcy in July 2013. Because it was insolvent, its municipal services were inadequate...more

Second Circuit Clarifies Process for Enforcement of Nondomestic Arbitral Awards Against Alter Egos of Award Debtor

In a recent pair of opinions, the United States Court of Appeals for the Second Circuit clarified that the procedure for enforcing a nondomestic arbitration award does not require a separate “confirmation” step. CBF Indústria...more

Fifth Circuit Dances On Head of Arbitration Pin

Demonstrating just how difficult it can be to separate questions about the “formation” of an arbitration agreement from the “validity” of that agreement, the Fifth Circuit found this month that when an argument was applied to...more

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

NY Bankruptcy Court Trumps Insurers Seeking to Compel Arbitration

by Locke Lord LLP on

The United States Bankruptcy Court for the Southern District of New York recently held a group of insurers in contempt for violating a temporary restraining order (“TRO”) aimed at preventing the insurers from using a Bermuda...more

The Ninth Circuit Loosens the Cap on Landlord Damages in In re Kupfer

Any property owner which has experienced the bankruptcy of a tenant is doubtless keenly aware of the limitation on damages which the Bankruptcy Code imposes on the landlord. A new decision by the Ninth Circuit bolsters the...more

Ninth Circuit Rules Lease Damages Cap Does Not Apply to Damages Independent of Termination

by King & Spalding on

On December 29, 2016, the U.S. Court of Appeals for the Ninth Circuit (the “Court”) issued an opinion, holding that the statutory cap on a landlord’s damages claim in a bankruptcy case applies only to claims resulting...more

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

by Williams Mullen on

Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...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

Ninth Circuit Affirms District Court’s Decision That Bankruptcy Court Did Not Abuse Its Discretion In Denying Motion To Compel...

by Carlton Fields on

This appeal is from an order by a district court in California, affirming a bankruptcy court’s denial of a motion to compel arbitration in a Chapter 7 bankruptcy trustee’s adversary proceeding, in which the trustee sought...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

Accountant and Attorney Liability Newsbrief - Spring 2016

by LeClairRyan on

Parties Cannot Alter by Contract the Scope or Grounds of Judicial Review of an Arbitration Award - LeClairRyan shareholders Warren Hutchison and Nancy Reimer scored an impressive victory this spring when the...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

Modeling the Model Law – what not to do

by Reed Smith on

OGX Petroleo E Gas S.A., Re [2016] EWHC 25 (Ch) - In a recent judgment, Mr Justice Snowden sounded a cautionary note for applicants seeking recognition of a foreign insolvency proceeding under the UNCITRAL Model Law,...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

New Administrative Orders Amend Procedures for Creditors in Consumer Bankruptcy Cases Pending in the Middle District of Florida

by Wilson Elser on

Prior to September 1, 2015, procedures in consumer chapter 13 bankruptcy cases varied greatly across the divisions of the Middle District of Florida, creating vastly different workflows for creditors and attorneys with cases...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

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