Pioneer Freight Futures Co Ltd v Cosco Bulk Carrier Co Ltd: Difference between revisions
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Revision as of 13:00, 18 August 2022
The Jolly Contrarian Law Reports
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Pioneer Freight Futures Co Ltd v Cosco Bulk Carrier Co Ltd [2011] 2AllER(Comm) 1079
Section 2(a)(iii) litigation
There is a (generous) handful of important authorities on the effect under English law or New York law of the suspension of obligations under the most litigationey clause in the ISDA Master Agreement, Section 2(a)(iii). They consider whether flawed asset provision amounts to an “ipso facto clause” under the US Bankruptcy Code or violates the “anti-deprivation” principle under English law. Those cases are: