Results 51 to 60 of about 23,849 (209)
Insolvency assistance outside the Model Law: Section 426 of the UK Insolvency Act 1986
International Insolvency Review, Volume 34, Issue 1, Page 31-47, Spring 2025.Abstract This article critically examines s426 Insolvency Act 1986 and its position in the UK’s Cross Border insolvency firmament. It traces the origins of s426 to a recommendation of the 1982 Cork Committee and notes that it replaced s122 Bankruptcy Act 1914 while giving the substantive provisions a more contemporary feel and modern gloss. The article
Gerard McCormack
wiley +1 more source
Revista da Faculdade de Direito da Universidade Federal de Minas GeraisCom a promulgação da Lei 14.112/2020, o Brasil adotou, com poucas alterações, a Lei Modelo da UNCITRAL sobre Insolvência Transfronteiriça. Este artigo analisa os requisitos legais para o reconhecimento de processos estrangeiros e se o plano de ...
Sabrina Maria Fadel Becue
doaj +1 more source
A Response to the Criticism against ISDS by EFILA [PDF]
, 2016 Peer ...
Alvarez, Gloria Maria +8 more
core
Arbitration in cross‐border insolvency proceedings: The Chinese perspective
International Insolvency Review, Volume 34, Issue 1, Page 77-102, Spring 2025.Abstract The approach to recognition and assistance in cross‐border insolvency proceedings in China has tended to be restrictive. In contrast, the approach of Chinese courts to foreign arbitrations has been different. Arbitration has been the favoured means of dispute resolution in China's efforts to participate in world trade and the global economy ...
Yingxiang Long, Rebecca Parry
wiley +1 more source
The Role of International Rules in Blockchain-Based Cross-Border Commercial Disputes [PDF]
, 2019 [excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain\u27s distributed ledger technology, 2 the idea of, and ...
Evans, Tonya M.
core +1 more source
reconciling party autonomy and the international rule of law [PDF]
, 2019 This paper focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators.
Devaney, James
core +1 more source
The goals and theories of the new Ethiopian insolvency regime against global benchmarks
International Insolvency Review, Volume 34, Issue 1, Page 122-160, Spring 2025.Abstract This study offers a comprehensive examination of the goals and theoretical foundations of the new Ethiopian insolvency regime. The study identifies and examines the goals of insolvency in Ethiopia to ascertain which interests are protected and how.
Samuel Biresaw, Mia Rahim
wiley +1 more source
Potchefstroom Electronic Law Journal, 2020 An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is no investment to which the dispute relates.
Lawrence Ngobeni
doaj +1 more source
Experts and arbitration outcomes: Insights from public procurement contract disputes
Kyklos, Volume 77, Issue 4, Page 922-943, November 2024.Abstract We explore the use of experts in arbitration proceedings by analysing public procurement contract disputes in Italy. Balancing cost with accuracy, participants to a contract select arbitration when speedy dispute resolution is valued highly.
Claudio Detotto +3 more
wiley +1 more source
Canadian cross‐border insolvency law and the triumph of “modified universalism”: A retrospective
International Insolvency Review, Volume 33, Issue 3, Page 399-420, Winter 2024.Abstract “This article examines the implementation of the Model Law on Cross‐Border Insolvency in Canada and the evolution of the concept of “modified universalism”. In particular, the article argues that Canadian courts have developed an expansive view of modified universalism, based upon a liberal and purposive interpretive approach, that prioritizes
Alfonso Nocilla
wiley +1 more source