Court of Appeal confirms Guy Lam applies to an arbitrable petition debt, set-off or cross-claim
By Richard Keady and Grace Lee (Dentons Hong Kong)
The Court of Appeal recently issued two judgments in Re Simplicity & Vogue Retailing (HK)…
UK restructuring plans: What does the future hold following the English Court of Appeal’s landmark ruling in Adler?
By James Stonebridge, Mark Craggs, Matthew Thorn, and Helen Coverdale (Norton Rose Fulbright)
Introduction
Almost four years after…
No More Automatic Stays for Winding-Up Petitions Involving an Arbitration or Exclusive Jurisdiction Clause
By Kate Stephenson (Kirkland & Ellis)
At a Glance
The Privy Council — the court of final appeal for UK overseas territories — recently…
Recent Developments in DIP Financing for International and Domestic Debtors
By Richard J Cooper, Lisa M Schweitzer and Richard C Minott (Cleary Gottlieb Steen & Hamilton)
Chapter 11 has gained a strong foothold as a possible pathway for…
Latest developments in Hong Kong restructuring law
By Heidi Chui (Stevenson, Wong & Co)
Introduction
As a special administrative region of China under the ‘one country, two systems’ principle, Hong Kong retains a common law legal system that…
The European Commission’s proposed directive harmonising certain aspects of insolvency law: What does it say and where does it stand?
By Omar Salah, Koen Durlinger, Rik van der Laan, Bas van Hooijdonk, Enes Altintop, Jan de Wit, Alexander Govers,…
The Implementation of the Model Law on Cross-Border Insolvency: International Divergences and Challenges Ahead
By Aurelio Gurrea-Martinez (Singapore Management University)[1]
Synopsis
The Model Law on Cross-Border Insolvency (‘MLCBI’) was…
Does continuation bias exist under the Indian insolvency law?
By Gausia Shaikh (REDD Intelligence)
India’s Insolvency and Bankruptcy Code (IBC) is no stranger to allegations of what is termed “continuation bias”, with the law being critiqued…
FTX’d: Conflicting Public and Private Interests in Chapter 11
By Jonathan Lipson (Temple University) and David Skeel (University of Pennsylvania)
We often hear (and sometimes say) that the “public interest” plays a role in chapter 11…
Malaysia’s Companies Amendment Act 2024 Strengthens its Restructuring and Corporate Rescue Landscape
Malaysia’s Companies Amendment Act 2024 Strengthens its Restructuring and Corporate Rescue Landscape
By Lee Shih (Lim Chee Wee Partnership)
The Companies (Amendment) Act 2024 (“Amendment Act”), save for a few sections, came into force on 1 April…