The Law Applicable to the Effects of Insolvency in Arbitration: UNCITRAL’s Work in Progress
By Manuel Penades (King’s College London)
For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the…
Mediation as a bankruptcy and insolvency game changer
By Scott Atkins and Kai Luck (Norton Rose Fulbright)
Introduction
While once spoken of as a "future trend", mediation is now actively being used as a key bankruptcy and insolvency tool. In…
ADR in Insolvency Proceedings
By Kenneth Lim Tao Chung and Chew Jing Wei (Allen & Gledhill LLP)
Introduction
In this post, we discuss some of the key points with respect to the application of ADR techniques (specifically, mediation,…
Insolvency and Arbitration: Clash of Cultures?
By Sheila Ng (Rajah & Tann LLP), Felicity Toube KC and Matthew Abraham (South Square)
Legislative provisions in the Insolvency Act 1986 addressing transactions entered into at an undervalue by a…
Insolvency Mediation
By Felicia Tan (TSMP Law Corporation)
The concept of “winner takes all” does not exist in insolvency disputes. But creditors willing to open a communication channel with debtors will do better than litigating for the last…
When Arbitration Meets Bankruptcy: Considering Arbitration Options in the Wake of a Growing Rise in Corporate Insolvencies
By Shana A Elberg and Jennifer Permesly (Skadden, Arps, Slate, Meagher & Flom LLP)
Introduction
The economic hardships…