9 Jan 2015
The Early Termination Amount relied upon by ASM required valuation work (identification of quotations, market data and use of stochastic calculus for exotic derivatives) beyond mere arithmetic; accordingly the claim is an unliquidated debt for the purposes of Rule 125 and ASM was not entitled to vote and its proof admitted for voting purposes should be reversed.
4 Feb 2005
The court granted a stay to the United States District Court for the Southern District of New York because, on the balance of connecting factors — notably the contractual choice of New York law, the parties' submission to New York jurisdiction in the ISDA Master Agreement and the evidential bias in favour of witnesses in New York — that forum was clearly and distinctly more appropriate; the defendant's undertaking waiving statutes of limitation defences and not to seek security for costs removed the principal juridical disadvantages relied upon by the plaintiff, so no special circumstances ju…