3 Verulam Buildings (3VB)

This Practice Note, produced in partnership with Philip Hinks of 3 Verulam Buildings, considers how a personal pension is dealt with on a debtor’s bankruptcy, whether it vests in the bankrupt estate or not, the position with income payments orders and enforcement by judgment creditors. While it briefly looks at the position pre-29 May 2000, it mainly concentrates on the position subsequent to that date.

This Practice Note considers identifying contracts of insurance in English law. It considers what a contract of insurance is from the perspectives of UK legislation and the common law, and the regulatory implications of being a contract of insurance.

This Practice Note considers the limited grounds on which a party to international arbitration proceedings may apply for (or request) the correction, review and interpretation of an award to either the arbitral tribunal (or arbitrators) or the arbitral institution under the institutional arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), Dubai International Arbitration Centre (DIAC), International Centre for Dispute Resolution (ICDR), as well as the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). This Practice Note also discusses whether parties to such arbitration rules can challenge or appeal arbitral awards to the tribunal or the institution (where relevant), concluding that such steps are generally only available before the courts of the seat of the arbitration. This Practice Note also discusses whether parties to such arbitration rules can challenge or appeal arbitral awards before tribunals or arbitral institutions (where relevant), concluding that such steps are generally only available before the courts of the seat of the arbitration. This topic may be referred to as: applying (applications) to the tribunal to reconsider awards; addressing typographical or computational errors in awards; remedies for inadequate awards in international institutional arbitration; applying for additional awards in institutional arbitration.

This Practice Note, produced in partnership with Lexa Hilliard KC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings, looks at automatic relief following recognition under article 20 of the Cross-Border Insolvency Regulations 2006 (CBIR 2006) which implement the UNCITRAL Model law of Insolvency in England. It covers specific relief following recognition under CBIR 2006, article 21 including stays of litigation and against execution (ie moratorium), preventing disposal of assets and examination of witnesses.

This Practice Note considers the scope, application and limitation of the Duomatic principle (the common law principle of shareholder decision-making by way of informal unanimous consent or assent).

This Practice Note, produced in partnership with Lexa Hilliard KC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings, looks at when a transfer of assets between different jurisdictions may be ordered, the jurisdiction to order remittal and the general principles relating to the remittal of assets.