All your resources at your fingertips.Learn More
The Court of Appeal (Longmore (pictured), Patten, Mummery, LJJ) has handed down its judgment in Syska & Anor v Vivendi Universal S.A. & Ors  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..."
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...