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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

17 AUG 2009

Council Regulation (EU) No. 1346/2000 on Insolvency Proceedings - Syska & Anor v Vivendi Universal S.A. & Ors [2009] EWCA Civ 677 (09 July 2009)

The Court of Appeal (Longmore (pictured), Patten, Mummery, LJJ) has handed down its judgment in Syska & Anor v Vivendi Universal S.A. & Ors [2009] EWCA Civ 677 (09 July 2009). The case concerns Council Regulation (EU) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings ("the Regulation") and "the following question: where an arbitration is proceeding in one Member State of the European Union and one of the parties to the reference becomes insolvent in another Member State, are the consequences of that insolvency, in so far as they affect the arbitration, to be determined by the law of the Member State where the insolvency proceedings have been instituted or the law of the Member State in which the reference is taking place?"

Interestingly, Lord Justice Longmore cites Professor Virgos and Professor Garcimartin's "The European Insolvency Regulations: Law and Practice" as "the leading text book on the Regulation..."

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