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UNCITRAL Model Law Tag

SURANA & SURANA > Posts tagged "UNCITRAL Model Law"

The intersection between admiralty laws and cross-border insolvencies: in deep water or smooth sailing?

Chinna Aswathy Abraham Associate, Dispute Prevention and Resolution The intersection between admiralty laws and insolvency laws has been making waves for the last many years With respect to India, questions arose as to the jurisdictions of the courts- while admiralty jurisdiction generally exercised by the High Courts, the National Company Law Tribunals (‘NCLT’) exercise jurisdiction over the subject of corporate insolvencies. The operation of moratorium over admiralty suits and the treatment of these plaintiffs as creditors under the Insolvency & Bankruptcy Code (‘IBC, 2016’) were also areas that needed clarity. In January this year, in Angre Port Pvt Ltd v. TAG 15 &...

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Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1)also known as the ‘New York Arbitration Convention’ was adopted with the aim of harmonising the process for the recognition and enforcement of foreign arbitral awards and for referral by a court to arbitration. However, in spite of its large scale success, the harmonization process has not been completed, because various jurisdictions apply and interpret the New York Convention differently....

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