Speakers
- Felicity Toube KC – South Square Chambers
- David Mitchell, Managing Director – Interpath
- David Pike, Managing Director – Interpath
- Will Hooker, Partner – Alston & Bird
- Phil Taylor, Partner – Alston & Bird
- Spaces: 50
- Venue: Alston & Bird LLP, 3 Noble Street, London, EC2V 7EE
What this session will cover
A panel examining key recent developments in how the Courts treat arbitration on insolvency (including in schemes of arrangement), and how arbitral tribunals respond to insolvency proceedings (including navigating the mandatory stay and dealing with attempts to achieve preferential outcomes.
Arbitration lawyers talk about “”bet the company”” disputes, but what happens when the dispute really does kill the company? This panel will cover issues such as:
• The position of arbitral award creditors in a scheme of arrangement and other insolvency settings (see e.g. McDermott);
• Attempts to use arbitration processes to achieve a preferential outcome as a creditor (see e.g. the recent WM Mining v Mongolia ICSID case);
• The moratorium on proceedings and how this is treated by arbitral tribunals.
Our panel brings together market leading insolvency practitioners, arbitration counsel and restructuring counsel, all with direct experience of landmark recent cases.
Alston & Bird LLP, Interpath



