Work Area: Insolvency
Singapore appeal court rules on restructuring and arbitration
Singapore courts are not required to carve out international arbitration claims from moratoriums in restructuring procedures, the city-state's appeal court has ruled in a decision addressing the interplay between arbitration and insolvency law.
24 March 2025
Arbitral creditor denied enforcement in Singapore after failing to comply with court order
A Singapore court has refused to enforce an award issued in an allegedly fraudulent Chinese arbitration over shares in a French fashion group, after the applicant failed to comply with a peremptory order to disclose documents relating to the dispute.
12 December 2024
US bankruptcy court halts ICDR claim against Swedish e-commerce startup
A New York bankruptcy court has granted emergency relief to a Swedish e-commerce startup, staying an ICDR arbitration launched against the company by one its largest US creditors.
20 September 2024
How does English law deal with an arbitration agreement when a party files a winding-up petition?
Radford Goodman and Greg Falkof of Mishcon de Reya in London consider a recent Privy Council decision refining English law’s approach to disputed winding-up petitions where there is an arbitration agreement between the parties.
03 September 2024
Mobile operator calls Chile to ICSID
A private equity-managed mobile operator has reportedly made good on its threat to file an ICSID claim against Chile over a delayed project to roll out a 5G network.
12 July 2024
Privy Council upends English law on insolvency and arbitration
The Privy Council in London has upended a decade of settled English law on the interplay between insolvency and arbitration, endorsing the approach of the British Virgin Islands that winding-up proceedings should not be stayed in favour of arbitration where the dispute is insubstantial.
20 June 2024
Belgian supreme court reinstates treaty award against Poland
Belgium’s Court of Cassation has reinstated an investment treaty award that ordered Poland to pay US$10 million to a US hedge fund over a denial of justice.
30 April 2024
BVI court finds insolvency proceedings “abusive” in light of DIAC claim
A British Virgin Islands court has held it is abusive for a US litigation funder to pursue insolvency proceedings against a client while also bringing a DIAC claim over the same alleged debt.
05 April 2024
McDermott completes write-off of billion-dollar award
Houston-based engineering multinational McDermott has completed a cross-border restructuring process that has cancelled a US$1.3 billion ICC award debt in exchange for an equity stake in the group.
27 March 2024
Billion-dollar award debt written off in UK restructuring
A UK court has approved a restructuring plan for a subsidiary of Houston-based construction group McDermott that will effectively extinguish a US$1.3 billion ICC award debt owed to a Colombian state-owned entity.
28 February 2024