Arbitration and insolvency / edited by Richard Bamforth, (Partner and Head of the International Arbitration Group) and Kushal Gandhi, (Partner, CMS Cameron McKenna Nabarro Olswang LLP, UK).
2024
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Title
Arbitration and insolvency / edited by Richard Bamforth, (Partner and Head of the International Arbitration Group) and Kushal Gandhi, (Partner, CMS Cameron McKenna Nabarro Olswang LLP, UK).
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Imprint
Northampton : Edward Elgar Publishing, 2024.
Description
1 online resource (268 pages).
Series
Elgar arbitration law and practice.
Formatted Contents Note
Contents 1. Insolvency and arbitration: A collision of two worlds? / Richard Bamforth and Kushal Gandhi
2. Is insolvency a procedural or a substantive matter in arbitration: Does it matter? / Manuel Penades
3. Effect of insolvency on the arbitration agreement / Peter Ashford
4. The amenability of insolvency claims to arbitration / Andrew Ayres KC, Alexander Thompson and Fiona Whiteside
5. Commencing insolvency proceedings on the basis of an arbitrable debt / Blair Leahy KC and Michal Hain
6. Interim measures in the event of insolvency / Emily Saunderson
7. Issues arising from party insolvency during the course of ongoing arbitral proceedings: International perspectives / Vesna Lazić
8. The impact of foreign insolvencies on England-seated arbitration / Tony Beswetherick KC and Maria Kennedy
9. The impact of insolvency proceedings on enforcement of arbitration awards / Jeremy Mash and Tilman Niedermaier
10. The impact of insolvency on english statutory adjudication / Adrian Bell, Aidan Steensma and Emma Riddle.
2. Is insolvency a procedural or a substantive matter in arbitration: Does it matter? / Manuel Penades
3. Effect of insolvency on the arbitration agreement / Peter Ashford
4. The amenability of insolvency claims to arbitration / Andrew Ayres KC, Alexander Thompson and Fiona Whiteside
5. Commencing insolvency proceedings on the basis of an arbitrable debt / Blair Leahy KC and Michal Hain
6. Interim measures in the event of insolvency / Emily Saunderson
7. Issues arising from party insolvency during the course of ongoing arbitral proceedings: International perspectives / Vesna Lazić
8. The impact of foreign insolvencies on England-seated arbitration / Tony Beswetherick KC and Maria Kennedy
9. The impact of insolvency proceedings on enforcement of arbitration awards / Jeremy Mash and Tilman Niedermaier
10. The impact of insolvency on english statutory adjudication / Adrian Bell, Aidan Steensma and Emma Riddle.
Summary
"The worlds of insolvency and international arbitration have an inherent collision course, coming as they do from very different perspectives but as the business world faces an increasing number of challenges, we are having to look far more closely at how the two co-exist and work together. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; the issues arising from party insolvency during the course of ongoing arbitral proceedings; and how insolvency affects a person's ability to enforce their arbitral award. Key Features: Examines international perspectives on insolvency proceedings. Investigates the New York Convention 1958, the Insolvency Act 1986 and the Arbitration Act 1996. Assesses whether insolvency is a procedural or substantive matter for the purposes of arbitration. Provides practical guidance on the commencement of insolvency proceedings for an arbitrable debt. Analyses the impact of foreign insolvencies on England-seated arbitration and English statutory adjudication. Insolvency and arbitration lawyers will find this book to be a fundamental resource. It will also be beneficial for scholars of arbitration and dispute resolution, company and insolvency law, corporate law, and litigation"-- Provided by publisher.
Source of Description
Description based on print record.
Location
www
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Alternate Title
Elgaronline
Language
English
ISBN
9781800887398 (e-book)
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