header-logo header-logo

Arbitration—Jurisdiction—Insolvency

17 July 2009
Issue: 7378 / Categories: Case law , Law reports
printer mail-detail

Syska (acting as the administrator of Elektrim SA (in bankruptcy)) and another v Vivendi Universal SA and others [2009] EWCA Civ 677, [2009] All ER (D) 88 (Jul)

Court of Appeal, Civil Division, Mummery, Longmore and Patten LJJ 9 Jul 2009

Where an arbitration is proceeding in one member state and one of the parties to the reference becomes insolvent in another member state, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the member state in which the reference is taking place.

Gabriel Moss QC, Richard Millett QC and Julian Kenny (instructed by Barlow Lyde & Gilbert LLP) for the claimants. Toby Landau QC and Ricky Diwan (instructed by O’Melveny & Myers LLP) for the defendants.

The second claimant was a Polish company. In September 2001, it entered into an agreement with the defendants, which contained a London arbitration clause. The arbitration agreement was governed by English law, although the rest of the agreement was governed by Polish law. Disputes arose and in August 2003

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll