Arbitration

Amazon’s fraud allegations faulter as Future Retail enters restructuring in India

Indian counsel working for Jeff Bezos’ Amazon have failed to stop the Bank of India placing local conglomerate Future Retail into a corporate insolvency resolution process, with the National Company Law Tribunal’s Mumbai Bench dismissing “baseless” allegations of fraud against the debtor and its creditors.

25 July 2022

3AC collapse reveals billion-dollar creditor arbitration claim

Three Arrows Capital was pulled into a US$2.4 billion arbitration by a Singapore-based currency trader a couple of weeks before it entered liquidation, documents prepared by its British Virgin Islands liquidators have revealed.

22 July 2022

China's Shandong Chenming faces Hong Kong winding up as appeal fails

A mainland Chinese conglomerate has failed on a final appeal to block a Hong Kong court from hearing a winding up petition against it over an unpaid arbitral award, in a decision that local lawyers say has strengthened the position of creditors by taking a "broader and more commercially holistic" approach to the "benefit" threshold requirement for winding up a foreign company.

22 June 2022

Mining company files CCAA to stop Chinese creditor action

A Canadian mining company has filed Companies' Creditors Arrangement Act proceedings in British Columbia, after two Chinese state-owned creditors obtained judgments against it.

16 June 2022

China’s HNA Group liable in Manhattan skyscraper dispute

Weeks after completing a multi-billion-dollar restructuring, Chinese conglomerate HNA Group is facing enforcement proceedings in relation to a US$185 million arbitral award stemming from an investment in a debt-ridden Manhattan skyscraper.

30 May 2022

PLMJ hires from Linklaters in Portugal

PLMJ has hired a senior counsel with restructuring and insolvency experience for its dispute resolution practice in Lisbon, from the local arm of Linklaters.

25 May 2022

Canadian court favours insolvency process over arbitration

A US-based sports management company has failed to stay a claim brought against it by insolvent advertising network Mundo Media, after a Canadian court ruled claims between the pair should be dealt with in receivership rather than by arbitration in New York.

23 May 2022

India’s top court clarifies NCLT jurisdiction over contractual disputes

India’s Supreme Court has provided clarity on when the country’s National Company Law Tribunals have jurisdiction to decide contractual disputes concerning debtors in insolvency resolution processes, noting the courts must consider whether the dispute affects the continuation of the company as a going concern.

13 December 2021

Can the petitioner be liable for liquidators’ fees? Singapore appeal court sheds light

A bank that placed Singaporean oil trader AnAn into winding up proceedings but later aborted in favour of arbitration will not have to bear the liquidators’ fees because there was no fault on its part as a petitioner, a Singaporean appeal court has found.

08 December 2021

Boies Schiller heir apparent to launch new London firm

Pledging to “rip up the rule book” and challenge the status quo, the former deputy chair of Boies Schiller Flexner is leaving the New York litigation shop to launch her own disputes offering in London.

22 November 2021

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