Insolvency and alternative dispute resolutionBy Peter Sadler (HFW)In Elecnor Australia Pty Ltd v Clough Projects Australia Pty Ltd the Supreme Court of New South Wales navigated the tension between the Australian statutory insolvency regime and a contractually agreed arbitration…
Singapore insolvency and restructuring lawBy Lionel Leo, Joel Chng, Muhammed Ismail Noordin and Eden Li (WongPartnership LLP)Introduction – Cross-class cramdown in Singapore Singapore’s emergence as a leading international debt restructuring hub has been underpinned…
Foreign and comparative lawBy Mohan Gopalan, Teri Cheng, Erica Phoon (Drew & Napier LLC)IntroductionIn Re Sino-Ocean Group Holding Ltd, a company proposed a restructuring plan to compromise its existing debt in exchange for new debt issuance. The plan…
Cross-border insolvency, Foreign and comparative lawBy Lynn P. Harrison III, Sam J. Alberts and David F. Cook (Dentons US LLP)On June 27, 2024, the United States Supreme Court ruled 5-4 that the Bankruptcy Code does not authorize any non-consensual third party releases (other than…
Economic and financial issues in insolvencyBy Daniel J. Saval, John Han, Mark Rowlands, Michael Brasky, Timothy de Swardt and Renata Ramalhosa (Kobre & Kim)As private debt expands globally, investors and asset managers must stay alert to the growing risks that…
Economic and financial issues in insolvencyBy Mike Knapper, Matthew Thorn, Helen Coverdale and Nicole McKenzie (Norton Rose Fulbright)IntroductionFor many businesses, intellectual property (IP) represents an increasingly valuable asset class. Commercial exploitation of IP…
Economic and financial issues in insolvencyBy Aurelio Gurrea-Martínez (Singapore Management University)The role of insolvency law in the real economyInsolvency law plays an essential role in the real economy. From an ex ante perspective, that is, before a situation of insolvency…
Foreign and comparative lawBy Dr Sanchita Tewari and Vishal Raj Singh (National University of Study and Research in Law, Ranchi)BackgroundFor generations, insolvency law has been built on a deceptively simple promise: If creditors agree and courts allow, the market will sign…
Foreign and comparative law, Insolvency and technology, Singapore insolvency and restructuring lawBy Nydia Remolina (Singapore Management University), Aurelio Gurrea-Martínez (Singapore Management University) and Daniel Liu (WongPartnership) The collapse of crypto-exchanges and the increasing use of digital assets in many corporate…
Economic and financial issues in insolvency, Foreign and comparative lawBy Scott A. Atkins (Norton Rose Fulbright)IntroductionIn Sub-Saharan Africa, [1] economic growth has remained resilient, and is projected by the International Monetary Fund (IMF) to experience a modest pickup in 2026 from the 4.1% growth achieved in…