Podcast Location:
Download it here [file size: 57.2 MB]
Categories:
Litigation & Dispute Resolution
ADR & Mediation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to ensure that legal practitioners are familiar with how arbitration interacts with insolvency law and curial law, the procedural law of arbitration, following the case of Shagang –v- Daewoo.

Outcomes:
After completing the course you will:
  • Understand the meaning of the terms ‘arbitration’ and ‘insolvency’;
  • Be aware of how arbitration interacts with insolvency;
  • Know what happens if a party enters into a form of corporate insolvency during an arbitration;
  • Understand the impact of arbitration agreements on corporate insolvency;
  • Be aware of what curial law is;
  • Know how curial law differs to the substantive law;
  • Understand the difference between the place of the arbitration and the geographical location;
  • Be aware of how the Brussels Regulation impacts how English courts determine the curial law.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Introduction
Legal Principles
Panel Discussion
Procedural
Sources and References:
  • Shagang South-Asia (Hong Kong) Trading- v- Daewoo Logistics [2015] EWHC 194 (Comm);
  • Bristol Airport –v- Powdrill [1990] (re Paramount Airways Ltd [1990]);
  • The Insolvency Act 1986;
  • Salford Estates (No.2) Ltd –v- Altomart Ltd [2014] EWCA 1575 Civ;
  • Arbitration Act 1996;
  • Eco Measure Market Exchange Limited –v- Quantum Climate Services Limited [2015] EWHC 1797 (Ch);
  • Philpott and another (as joint liquidators of WGL Realisations 2010 Ltd) –v- Lycee Francais Charles de Gaulle School [2015] EWHC 1065 (Ch);
  • EC Regulation on Insolvency Proceedings (1346/2000);
  • Cross Border Insolvency Regulations 2006;
  • Elektrim SA & Ors –v- Vivendi Universal SA & Ors [2007] EWHC 571 (Comm);
  • Re Pan Ocean Co Ltd [2015] EWHC 1500 (Ch);
  • Paul Smith Ltd –v- H&S International Holding Inc [1991] 2 LL Rep 127;
  • The New York Convention;
  • Union of India –v- Mcdonell Douglas Corporation (1993) 2 Lloyd’s Law Rep. 48;
  • Sulamerica CIA Nacional de Seguros S.A. and Others –v- Enesa Engenharia S.A [2012] EWCA Civ 638;
  • Naviera Amazonia Peruma SA –v- Compania International de Seguros de Peru [1988] 1 Lloyd’s Rep 116;
  • Shashoua –v- Sharma [2009] 2 Lloyd’s Rep 376;
  • Dubai Islamic Bank PJSC –v- Paymentech Merchant Services Incorporated [2000] EWHC 228 (Comm);
  • The Brussels Regulation;
  • Allianz SpA and Others –v- West Tarkers Inc (Case C-185/07).
Tags:

In this CPDcast, Richard Bamforth and Mark Davison, respectively Partner and Associate at Olswang, look at arbitration and, specifically, how it interacts with insolvency law. They will also be analysing the procedural law of arbitration – curial law – in light of the recent case of Shagang –v- Daewoo.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: [ ]

Date Recorded: 2nd July 2015

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