ALFI - Association of the Luxembourg Fund Industry’s Post

Quick Update: The proceedings under the SARFAESI Act and the arbitration proceedings can operate in tandem as the arbitration proceedings being the adjudicatory process and the SARFAESI proceedings being the enforcement proceedings. Read more at: https://bit.ly/3S79daZ #BHC #SARFAESI #financialinstitute #section9 #arbitration #RDDB #DRT #section11 Contributed by Murtaza Kachwalla (Partner) and Aashdin Chivalwala (Principal Associate).

Follow the series of articles regarding the CCMA's Jurisdiction! #ccma #labour #jurisdiction

For our September Theme, “CCMA’s Jurisdiction”, we will discuss certain scenarios where the CCMA will or will not have the necessary jurisdiction to entertain disputes. Keep watching our Page for everything you need to know on this subject. #ceosa #labourlaw #theme

Such a privilege to collaborate again with Wolters Kluwer: International Arbitration & Mediation in preparing this analysis of the rules and practices in the designation of appointing authorities. Some new and amended sections in particular in respect of the HKIAC revised rules that have just been published. Many thanks to the general editors for their guidance and input Joshua Karton Kiran Nasir Gore Simon Greenberg and Dr. Fan Yang #arbitration #internationalarbitration #adr #alternativedisputeresolution

📣 The 2024 IPA Annual Conference is fast approaching! Have you reserved your place yet?   We’re delighted that Raj Arumugam, Barrister at 5 Stone Buildings; Kristina Kicks, Managing Director at Interpath Advisory; Rachel McCahill, Partner at Buckles; and Alison Kirby, Associate Director at MANOLETE PARTNERS Plc will be joining us to deliver a legal panel session focusing on the critical issue of claims against directors, encapsulating topics such as breach of duty, Directors' Loan Accounts and antecedent transactions. These areas are of paramount importance, highlighting scenarios where directors may find themselves as recipients of transactions or in breach of duty. An integral part of this discussion will revolve around the concept of limitation, specifically how recent judicial decisions, like the Supreme Court's ruling in Potter v Canada Square Operations Ltd, influence the reliance on section 32 of the Limitation Act 1980 in the context of #Insolvency claims.   View the full conference programme and book your place now: https://lnkd.in/e8ZzqeSp #CorporateInsolvency #PersonalInsolvency #Turnaround #Restructuring #InsolvencyLaw #AntiMoneyLaundering #AML

This week, our Global Annual Report 2023 highlights the Boundaries of Arbitration Exclusion in the EAPO Regulation. The European Account Preservation Order consists of an interim measure at the EU level. It allows the temporary attachment of debtors' funds in cross-border civil and commercial claims. The EAPO Regulation states that it does not apply to 'arbitration'. The meaning of 'arbitration' is not a settled question among scholars and national courts. In this article, Dr Carlos Santaló Goris explores the underpinning debate surrounding the arbitration exclusion, focusing on the interpretation some national courts have made of it. Discover the complete article on page 218, as referenced in the contents, or on PDF page 256: https://lnkd.in/eKrjihRD #ICCFraudNet #FraudNet #ArbitrationExclusion #ArbitrationBoundaries

Only a few days to go before AFME (Association for Financial Markets in Europe) 7th Annual European Compliance and Legal Conference taking place on 27-29 September 2023. Secure your place today by registering here: https://bit.ly/3N24Nji Use promocode CIOREVIEW and save 15% #CL2023 #compliance #legalfinance

🗣We are pleased to announce that AFSA and SARIPA have successfully launched its Business Rescue Arbitration Division under the auspices of AFSA!  ❔Why does it matter? - With joint and equal representation by nominees of AFSA and nominees of SARIPA, this newly formed division ensures a balanced and fair approach to dispute resolution. - This initiative is expected to have a positive impact on businesses in financial distress, potentially saving more companies and providing better returns for creditors. 👉Visit our website for further updates on this industry-shaping initiative: https://arbitration.co.za/ #businessrescue #arbitration

Dive into an exclusive interview with our Executive Director, Jehad Abdulrazzaq Kazim, where she highlights the evolution of DIAC and the significance of alternative dispute resolution. Read the full article here: https://lnkd.in/dKk2NQ4r #DIAC #arbitration #internationalarbitration #disputeresolution #arbitrationlaw

#Bankruptcy remoteness of French #fiducie-security : Recent case law denies recharacterization of a collection mandate of transferred receivables and confirms immediate enforcement in insolvency proceedings. The French fiducie is a #bankruptcy remote security interest: The transferred assets being the property of the fiduciary are out of reach from other creditors and not subject to any priming liens. Furthermore, the fiducie-security can be immediately enforced in insolvency proceedings, except when that the assignor retains use and enjoyment of the transferred assets under an agreement with the secured party, in which case enforcement is deferred until the end of the proceedings to facilitate the debtor’s recovery. In a noteworthy decision dated 18 December 2023, the Court of appeal of Bordeaux reviewed whether a collection of receivables mandate could be characterized as a use and enjoyment of the receivables transferred to the fiducie. The grantor had given to the creditor of a bonds issue a fiducie-security on real property that was to be subject to a lease in favor of a third party, including on the future revenues under the lease. The grantor had been given by the fiduciary a collection mandate of the revenues of the lease. Accordingly, the grantor was entitled to receive the revenues until such time as it transferred them back to the fiduciary. The Court of appeal has clarified that this right may not be recharacterized as a right to use or enjoy of those sums of money, as title to them was always with the fiduciary. Key takeaways: Ø The agreement by which the assignor retains the use and enjoyment of assets transferred to a fiducie by way of security must be explicit; Ø In connection with receivables, the notion of use and enjoyment is akin to title to those receivables, and the collection of such sums will not qualify as a retention of use and enjoyment contract. https://lext.so/MOwjx1