When is a Cayman Islands liquidation not a foreign proceeding?
By Francisco Vazquez and Michael Berthiaume (Norton Rose Fulbright US LLP)
United States courts have typically concluded that offshore liquidations are “foreign proceedings” eligible…
Recognising Foreign Proceedings under Singapore’s Restructuring and Insolvency Regime: Court of Appeal Clarifies Whether Company Must be Insolvent
By Sim Kwan Kiat, Sheila Ng and Walter Yeo (Rajah & Tann Singapore LLP)
Introduction…
What is an Insolvency Proceeding?
By Riz Mokal (South Square and Aberdeen University School of Law)
To the question in the title, one may be forgiven the innocent response ‘Who cares?’. In fact, the question matters for all the reasons that legal…
Towards a New Approach for the Choice of Insolvency Forum
By Anthony J. Casey (University of Chicago Law School), Aurelio Gurrea-Martinez (Singapore Management University) and Robert K. Rasmussen (USC Gould School of Law)
(*) Letter sent to the…
Enhancing Efficiency and Rescue Outcomes in Cross-Border Insolvency Matters: The Role of Multilateral Cooperation Protocols and Judicial Diplomacy
By Scott Atkins (Norton Rose Fulbright & INSOL International)
Synopsis
Last year, we…
Hong Kong: Judicial guidance on schemes of arrangement in cross-border insolvencies
By Kwun-Yee Cheung and Edmund Ma (Baker McKenzie)
In brief
On 27 May 2022, the Honorable Mr. Justice Harris sanctioned a scheme of arrangement introduced by…
Singapore and Malaysia Announce Protocols for Court-to-Court Cooperation in Cross-Border Insolvency and Shipping
By Chua Beng Chye, Sheila Ng, Chua See Hua, John Mathew and Heng Yee Keat (Rajah & Tann Asia)
Introduction
Commercial…
The Model Law on Cross-Border Insolvency turns 25
A time for celebration and recalibration in pursuit of a global approach to recognition and judicial cooperation
By Scott Atkins (Norton Rose Fulbright Australia and INSOL International) and John…
Are bilateral agreements the way forward for cross-border insolvency? An analysis of the China-Hong Kong Cooperation Mechanism
By Sean Lee (Singapore Global Restructuring Initiative)
Introduction
On 14 May 2021, the Government of Hong Kong and…
Brazil’s first recognition of a foreign proceeding under the Model Law on Cross-Border Insolvency
By Ana Carolina Monteiro (KINCAID – Mendes Vianna Advogados)
Introduction
This article discusses a landmark decision by a court in Rio de…