Topic: Anti-suit injunction

AIG accused of “weaponising” Chapter 11 process

A group of former executives from a subsidiary of insurance conglomerate American International Group have accused their former employer of “weaponising” the US bankruptcy process to block a pending lawsuit over unpaid bonuses.

16 December 2022

Latham advising as Bang energy drink owner files Ch11 in Florida

The owner of US energy drink Bang is seeking bankruptcy protection in Miami to overhaul its distribution system and stay a host of litigation, including trademark infringement and false advertising claims from a rival company.

11 October 2022

Antiguan court declares automatic stay “unconstitutional”

A recent amendment to Antigua and Barbuda’s Companies Act that imposes an automatic stay on judicial action against companies that enter administration is unconstitutional, a local court has ruled.

08 April 2022

BVI company looking to block winding up loses Hong Kong appeal

A minority shareholding in a Hong Kong company can suffice to wind up a foreign entity in the jurisdiction, even if the underlying assets are in mainland China, Hong Kong’s Court of Appeal has found, denying a BVI entity’s appeal for an injunction against its banks.

26 August 2021

English court leaves out Model Law-like relief from Section 426 requests

A bankrupt’s Hong Kong trustees can take steps to determine whether he has property interests in the UK, after an English judge partially granted a letter of request from their appointing court under Section 426 of the Insolvency Act: but broader requests for relief lifted from the Cross Border Insolvency Regulations will have to wait for "full argument" in November.

09 July 2021

Heated debate as Galapagos jurisdictional wrangles exchanged

A Luxembourg fund and a German insolvency administrator that are challenging the Galapagos group’s 2019 UK restructuring in the US and Europe, have laid out before an English court why they shouldn’t be joined in a claim for declaratory relief that the restructuring was valid.

18 December 2020

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