Court of Appeal confirms Guy Lam applies to an arbitrable petition debt, set-off or cross-claim By Richard Keady and Grace Lee (Dentons Hong Kong)  The Court of Appeal recently issued two judgments in Re Simplicity & Vogue Retailing (HK)…
No More Automatic Stays for Winding-Up Petitions Involving an Arbitration or Exclusive Jurisdiction Clause By Kate Stephenson (Kirkland & Ellis) At a Glance The Privy Council — the court of final appeal for UK overseas territories — recently…
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…