Topics “The interplay between Insolvency proceedings and International Arbitration”

Description:

A direct consequence of the impact of the Covid-19 pandemic on businesses is that corporate insolvencies are expected to rise exponentially in most major economies around the world. Where an arbitral counterparty is insolvent, or at risk of facing insolvency, there will be a serious likelihood of a confrontation between  international arbitration and insolvency law. Arbitration in general seeks to uphold agreements to arbitrate regardless of the position the contracting parties find themselves in. In contrast, insolvency law aims to  maximise the value of the insolvent party’s assets and aims to distribute such assets between all creditors, by way of a centralised and transparent process. The eternal tension between the insolvency process, which is an inherently ‘collective’ process and the arbitration process, where parties had agreed on arbitration as the exclusive forum for resolving all disputes arising out of their agreements, continues to play out across the world. Even common law legal systems with the same common law, such as England and Singapore, approach this tension in a different way. This session seeks to explore the different experiences of arbitration practitioners from different jurisdictions, the challenges that they have faced against national insolvency proceedings, and how they have overcome such challenges.


Event Detail:
 Date:   Tuesday, 7th September 2021
 Time :    3:00 PM - 4:30 PM (BKT)
               10:00 AM - 11:30 AM (CEST)
                             
Keynote Remarks:
- Ms. Vanina Sutcharitkul, CIArb Thailand Branch Chair, International Arbitrator, Senior Lecturer, Université of Paris, Paris

Panelists:
- Mr. Anthony Houghton, Former Trustee of CIArb, Founding member of the Thai Branch
- Ms. Noppramart Thammateeradaycho, Tilleke & Gibbins International Ltd
- Mr. Pisut Attakamol, Baker McKenzie
- Dr. Mariel Dimsey, CMS International Arbitration

Moderator:
- Mr. Jay Patrick Santiago, CIArb East Asia Branch, head of YMG

***You will receive an ID Meeting email on your registered email address before 6th September 2021***

Should you have any questions, please feel free to call +66 (0) 2018 1615 ext. 117 or Email: thunpicha.r@thac.or.th or benyapa.r@thac.or.th