Insolvency - Debt Restructuring Moratorium - 'lis pendens' (1988 Lugano Convention)
Mondaq Business Briefing › Switzerland Law Articles in English (2010)
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Insolvency - Debt Restructuring Moratorium - 'lis pendens' (1988 Lugano Convention)
Originally published February 2010
The Swiss Supreme Court forced a creditor to argue simultaneously the same claim at the forum applicable to that claim and at the Swiss forum of a debt-restructuring moratorium. Belgium is now suing Switzerland before the International Court of Justice ("ICJ") for breach of the Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (the "Lugano Convention"). Facts In 1995, Swissair (subsequently renamed SAirGroup) and its subsidiary SAirLines acquired some equity in Sabena and entered a partnership with the Belgian State and three s...See the full content of this document
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