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  International Arbitration, Cross-Border Liquidation and Multi-National Restructuring: at Crossroads?


   School of Law and Social Sciences

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  Dr Eugenio Vaccari  No more applications being accepted  Funded PhD Project (Students Worldwide)

About the Project

This is a project on alternative dispute resolution mechanisms (ADRs) and insolvency law. The aim of the project is to analyse the contribution of ADR mechanisms to the management of complex insolvency and restructuring procedures.

ADRs are becoming mainstream tools in the handling of cross-border insolvency procedures. Skilled professionals with experience in liquidation and restructuring disputes are increasingly using their facilitative approaches to replace lengthy and expensive judicial procedures with flexible and tailored ADR mechanisms. However, the use of ADR mechanisms in insolvency and restructuring procedures is controversial from a principled, legal and conceptual standpoint.

It is envisaged that this research will focus on the most prominent ADR mechanism, arbitration. It will revolve around the arbitrability of disputes and the enforceability of arbitration awards when one of the parties is undertaking a liquidation or restructuring procedure. Proposals on the use of other ADR mechanisms such as conciliation and mediation will also be considered.

The outlook of the research is international, with a particular focus on the Anglo-American approach in light of the recognised status of the U.K. and the U.S.A. as restructuring and arbitration centres. Based on the expertise of the candidate, reference could also be made to other jurisdictions such as Singapore and Dubai, in light of their prominence as restructuring hubs in the Asian-Pacific and Middle-East regions.

The Scholarship

The School of Law and Social Sciences Scholarship offers a home fee waiver and a maintenance award of £16,000 p.a. for 3.5 years for full-time students (or half of that amount per year for 7 years for part-time students). Successful candidates from Overseas might be required to cover the difference between the Home and Overseas fees, and EU students might be eligible for a fee reduction scholarship.

Students can start in September 2022.

Supervision

The successful candidate will be supervised by Dr Eugenio Vaccari and Dr Leonardo V P de Oliveira in the Department of Law and Criminology.

Eligibility and Application Process

Candidates must:

·      Have a first or upper-second class honours degree in law or equivalent

·      Have a Masters-level qualification (or be nearing completion)

·      Have excellent interpersonal communication skills

Candidates with a background in ADR, Company and Insolvency Law are particularly encouraged to apply for this scholarship.

Please submit:

·      A personal statement (up t0 1,000 words) outlining your interest in the research project and how you meet the eligibility criteria

·      A proposal (up to 2,000 words) setting out how you would develop the envisaged research project.

·      A curriculum vitae (max 2 A4 pages)

·      A copy of your undergraduate and postgraduate transcripts

These materials will need to be submitted directly to Dr Eugenio Vaccari at [Email Address Removed]. Informal enquires can be made to both Dr Eugenio Vaccari and Dr Leonardo V P de Oliveira at [Email Address Removed]. Students are encouraged to make informal enquires with the above-mentioned members of the staff before submitting their applications.

The closing date for applications is Monday 10th January 2022 at 5pm GMT. Interviews are expected to take place shortly after the closing date.


Law (22)

Funding Notes

The School of Law and Social Sciences Scholarship offers a home fee waiver and a maintenance award of £16,000 p.a. for 3.5 years for full-time students (or half of that amount per year for 7 years for part-time students). Successful candidates from Overseas might be required to cover the difference between the Home and Overseas fees, and EU students might be eligible for a fee reduction scholarship.

Where will I study?

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