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Comparative Law Yearbook of International Business Volume 43A

Comparative Law Yearbook of International Business Volume 43A

Author: Christian Campbell
Publisher: Kluwer Law International
ISBN: 9789403545318
Published In: June 2022
Format: Hardback
Jurisdiction: Denmark ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Comparative Law Yearbook of International Business is published every year under the auspices of the Center for International Legal Studies. In a world of increasingly complex commercial transactions and investments and volatile economic growth, arbitration and insolvency act as tools for the resolution of claims. The efficacy of these resolution mechanisms depends on many factors and at times results in conflicting scenarios. The 2022 Special Issue addresses the intersection of arbitration and insolvency that has been made all the more topical and intense by the adverse effects of COVID-19 on a broad range of businesses’ finances and supply chains to resolve business disputes. This Special Issue sheds light on the conflicts at the convergences of the domains, and is a step towards a better understanding of the intricacies and the complexities that arise in different jurisdictions and how stakeholders react.

What’s in this book:

A diverse pool of contributors gives a broad range of perspectives from Europe (Italy, Lithuania, the United Kingdom), the Middle East (Palestine, UAE), Asia (India), Africa (Malawi), North America (Canada) and public international law on areas of commercial and business law at the crossroads of insolvency and international arbitration from an international comparative perspective. To highlight just a few of the aspects addressed:

the law to be applied by arbitral tribunals in regard to insolvency issues
insolvency arbitrations and tax claims
how the representatives of bankrupt entities may participate in international investment claims;
avoidance of transactions and anti-suit injunctions, and
the uneasy but unavoidable cohabitation of insolvency and arbitration in the Middle East and North Africa Region

How this will help you:

Touching upon not just the basics of the “crossroads” but delving deeper into regional and international issues that arise at the junctures and for various stakeholders, this book is both a substantive as well as a comparative study of the variety of issues that come to the fore and the juxtapositions that stakeholders find themselves in.

Preface

Acknowledgements

Cross-Border Insolvency Issues in Arbitral Proceedings and the Question of Applicable Law

Yagmur Hortoglu

The Treatment of Claims by Revenue Authorities in Insolvency Arbitrations: Some Salient Private International Law Considerations

Richard Mike Mlambe

Standing of Insolvency Administrators in Investment Treaty Arbitration

Nikola Kurková Klímová

On (Non) Binding Nature of Pre-iInsolvency Arbitration Agreements Wwhen Avoiding an Underlying Transaction, Executory Contracts, and Anti-sSuit Injunctions in Support of Arbitration Aagainst Foreign Insolvency Debtors: News from England and Canada

V. Lazic & P. Chauhan

The “Wonderland” of Insolvency and Arbitration: “Re-cohabitation” of the Duo as an Inevitable Destiny (Pre-award Phase)

Mahmoud M. Moghrabi & Nadim M. Al Jisr

Crossroads of Insolvency and Arbitration in Italy

Roberto Oliva

Arbitration and Insolvency: A Conflict of Near Polar Extremes: Contrary Perspective

Bishwajit Dubey, Radhika Dubey & Prafful Goyal

Effectiveness of Corporate Insolvency Proceedings and Commercial Arbitration

Vigintas Višinskis, Remigijus Jokubauskas & Mykolas Kirkutis

COVID-19 and Arbitrability of Insolvency: Cross-Country Comparative Analysis in MENA Region

Amir Khalil, Nawal Hend & Mohammed Alqaisi