Legal News

Allocation of jurisdiction for claim in winding-up process (Tchenguiz v Kaupthing Bank HF)

Published on: 22 March 2017
Published by: LexisPSL
  • Allocation of jurisdiction for claim in winding-up process (Tchenguiz v Kaupthing Bank HF)
  • Original news
  • What issues did this case raise?
  • What did the court decide?
  • To what extent is the judgment helpful in clarifying the law in this area?
  • What are the implications for practitioners? What will they need to be mindful of when advising in this area?
  • Are there still any grey areas or unresolved issues that practitioners will need to watch out for?
  • Are there any other points of interest worth mentioning here?

Article summary

Restructuring & Insolvency analysis: What is the relationship between jurisdiction instruments operating in the field of cross-border insolvency? William Edwards, barrister at 3 Verulam Buildings, advises practitioners on the implications of Tchenguiz v Kaupthing Bank HF and explains it is now clear that where the law of an EU Member State contains jurisdictional limitations on the taking of proceedings against a company in winding-up (or an analogous proceeding) in that state, then that prohibition takes effect across the whole of the EEA. or take a trial to read the full analysis.

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