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Comparative Law Yearbook of International Business Volume 43A

Edited by: Christian Campbell

ISBN13: 9789403545318
To be Published: June 2022
Publisher: Kluwer Law International
Country of Publication: Denmark
Format: Hardback
Price: £80.00



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.

Subjects:
Commercial Law, Company Law
Contents:
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

Series: Comparative Law Yearbook of International Business

International Mediation ISBN 9789403522357
Published April 2020
Kluwer Law International
£102.00
Comparative Law Yearbook of International Business Volume 40a ISBN 9789403510750
Published April 2019
Kluwer Law International
£130.00
Comparative Law Yearbook of International Business Volume 40 ISBN 9789403506111
Published October 2018
Kluwer Law International
£123.00
Comparative Law Yearbook of International Business Volume 39a ISBN 9789403500836
Published April 2018
Kluwer Law International
£123.00
Comparative Law Yearbook of International Business Volume 39 ISBN 9789041188724
Published October 2017
Kluwer Law International
£149.00
£158.00
Comparative Law Yearbook of International Business Volume 38 ISBN 9789041184092
Published November 2016
Kluwer Law International
£177.00
Comparative Law Yearbook of International Business Volume 31a ISBN 9789041128027
Published July 2010
Kluwer Law International
£167.00
Comparative Law Yearbook of International Business Volume 30 ISBN 9789041127990
Published December 2008
Kluwer Law International
£238.00
International Franchising: The Comparative Law Yearbook of International Business: Special Issue 2007 ISBN 9789041127693
Published October 2008
Kluwer Law International
£211.00
The Arbitration Process: Special Issue ISBN 9789041198617
Published February 2002
Kluwer Law International
£207.00