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Restructuring Plans in European Cross-border Restructurings – One Gate Closes but Another One Opens | Dechert LLP

Key Takeaways
The use of the UK restructuring plan (
Plan ) introduced last summer has been gathering pace with a handful of recent judgments seeing it used to implement cross-border restructurings instead of UK schemes of arrangement (
Schemes ).
In a significant recent judgment in respect of a Plan proposed by Gategroup
1, the High Court decided that Plans are insolvency proceedings falling outside the scope of the Lugano Convention.
2
Classifying Plans as insolvency proceedings is likely to complicate their use in Europe, and it is clear that, based on this decision, the Lugano Convention will not provide a post-Brexit route for Plans to be recognised in Europe. ....

United Kingdom , Bruxelles Capitale , Plan Of Gategroup Guarantee Limited The Company , United Kingdom Ltd , Lugano Convention , European Parliament , Hague Convention , Company Plan , Re Virgin Atlantic Airways Ltd , C Lugano Convention , High Court , United Kingdom Restructuring , Corporate Insolvency , Governance Act , Gategroup Guarantee Limited , Gategroup Plan , Brussels Regulation , Restructuring Plans , Recast Insolvency , Insolvency Act , None Gate , Going Forward From , Recast Insolvency Regulation , Kingdom Ltd , Recast Brussels , ஒன்றுபட்டது கிஂக்டம் ,

No-Deal Brexit for Dispute Resolution? | K&L Gates LLP

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Just days before the end of the Brexit transition period on 31 December 2020 a trade deal was agreed to between the United Kingdom (UK) and European Union (EU), saving the UK from many of the expected disruptions of a no-deal Brexit. However, the new EU-UK Trade and Cooperation Agreement does not consider cross-border disputes.
This article considers the new post-Brexit landscape in relation to three of the main issues when it comes to cross-border dispute resolution: (1) governing law, (2) choice of forum, and (3) enforcement of judgments.
Governing Law
The governing law or applicable law of an agreement is the substantive law by which that agreement will be interpreted in the event of a dispute. The applicable law can significantly affect the outcome of any dispute, as it governs matters including the terms of any contract, breach of those terms, and remedies for breach. Before the end of the transitio ....

New York , United States , United Kingdom , Bruxelles Capitale , Northern Ireland , City Of , Kingdom Of Norway , Kl Gates , Lugano Convention , European Free Trade Association , Hague Convention , Amendment Of The Convention , Etihad Airways , International Law , Choice Of Forum , Recast Brussels Regulation Lugano Convention Hague , Ministry Of Justice , Law Society Of England , European Union , York Convention , Brusselsi Convention , United Kingdom Trade , Cooperation Agreement , Recast Brussels Regulation , Court Agreements , Bilateral Conventions ,

No Trade-Deal Brexit for Dispute Resolution?

Tuesday, February 16, 2021
Just days before the end of the Brexit transition period on 31 December 2020 a trade deal was agreed to between the United Kingdom (UK) and European Union (EU), saving the UK from many of the expected disruptions of a no-deal Brexit. However, the new EU-UK Trade and Cooperation Agreement does not consider cross-border disputes.
This article considers the new post-Brexit landscape in relation to three of the main issues when it comes to cross-border dispute resolution: (1) governing law, (2) choice of forum, and (3) enforcement of judgments.
GOVERNING LAW
The governing law or applicable law of an agreement is the substantive law by which that agreement will be interpreted in the event of a dispute. The applicable law can significantly affect the outcome of any dispute, as it governs matters including the terms of any contract, breach of those terms, and remedies for breach. Before the end of the transition period, the UK courts ....

New York , United States , United Kingdom , Bruxelles Capitale , Northern Ireland , City Of , Kingdom Of Norway , Lugano Convention , European Free Trade Association , Hague Convention , Amendment Of The Convention , Etihad Airways , International Law , Recast Brussels Regulation Lugano Convention Hague , Ministry Of Justice , Law Society Of England , European Union , York Convention , Brusselsi Convention , United Kingdom Trade , Cooperation Agreement , Recast Brussels Regulation , Court Agreements , Bilateral Conventions , Law Society , Foreign Judgments ,

Dispute Resolution Post-Brexit Transition Period | White & Case LLP

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For the duration of the Brexit transition period, the UK/EU Withdrawal Agreement provided for EU law to continue to apply to the UK. The transition period concluded on 31 December 2020 and, as widely anticipated, the UK and the EU did not agree any ongoing regime for cross-border cooperation on choice of law, courts and enforcement of court judgments, notwithstanding the successful conclusion of the UK/EU Withdrawal Agreement. The UK has, however, taken unilateral steps to limit the impact of the end of the transition period on issues regarding conflicts of law. ....

New York , United States , United Kingdom , Bruxelles Capitale , City Of , Leonie Amarasekara White , Lucas Flother , Council Regulation Ec No , Hague Service Convention , Lugano Convention , European Parliament , European Commission , Hague Convention , Hague Convention On Choice Of Court Agreements , Etihad Airways , European Community , International Law Implementation Of Agreements , York Convention , White Case , Service Abroad Of Judicial , Recast Brussels , Court Agreements , Recast Brussels Regulation , Contracting States , Hague Service , New York Convention ,

Enforcing Judgments Of The Courts Of England And Wales In Italian Courts From January 2021 - Litigation, Mediation & Arbitration

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Now the Brexit transition period is over any judgement in an
English court which needs to be enforced in Italy is now treated as
a foreign judgment. In order to enforce a foreign judgement, an
application will need to be made to the Italian Court of Appeal. If
your application is not contested, then after 30 days enforcement
proceedings can start. There is no limitation period for
enforcement.
Various different types of judgements can be enforced. You can
enforce foreign money judgments or awards, declaratory judgments, ....

Bruxelles Capitale , International Private Law , Italian Court , Italian International Private Law , Convention Abolishing The Requirement , Recast Brussels , Civil Procedure , Foreign Public Documents , Civil Procedure Code , ப்ரூக்ஸெல்ஸ் தலைநகரம் , சர்வதேச ப்ரைவேட் சட்டம் , இத்தாலிய நீதிமன்றம் , இத்தாலிய சர்வதேச ப்ரைவேட் சட்டம் , மாநாடு ஒழிக்கப்படுகிறது தி தேவை , ரிகாஸ்ட் பிரஸ்ஸல்ஸ் , சிவில் ப்ரொஸீஜர் , வெளிநாட்டு பொது ஆவணங்கள் , சிவில் ப்ரொஸீஜர் குறியீடு ,