Foreign and comparative law, Small companiesBy Chalerm Jaitang (Prince of Songkla University)IntroductionAccess to finance is crucial for firms because it directly affects their liquidity and ability to continue operations and investment. Firms typically rely on two main sources of…
Insolvency and alternative dispute resolution, Singapore insolvency and restructuring lawBy Eunice Chan and Jim Yang Teo (Norton Rose Fulbright)In Sapura Fabrication Sdn Bhd and others v GAS and anor appeal [2025] SGCA 13, the Singapore Court of Appeal made important findings on: 1. the test to be applied in…
Foreign and comparative law, 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…
Foreign and comparative lawBy David Suttner and Daniel Teoh (HFW) When a company is in or near insolvency, the duties owed by directors of Australian companies under section 181 of the Corporations Act shift and directors must be mindful of creditor interests.…
Cross-border insolvency, Singapore insolvency and restructuring lawBy Keith Han and Ammani Mathivanan (Oon & Bazul LLP)In a landmark ruling, the Singapore High Court has for the first time recognised an Indian company’s Corporate Insolvency Resolution Process (CIRP) as a “foreign main proceeding,” marking…
Singapore insolvency and restructuring lawBy Wendy Tan (Morgan Lewis & Bockius LLP) and Terry Xu Hongli (Morgan Lewis Stamford LLC)In the recent case of Park Hotel Group Management Pte Ltd v Aw Eng Hai (in his capacity as a joint and several liquidator of Park Hotel CQ Pte Ltd…
Foreign and comparative lawBy Andrew Cooke and James Ballheimer (Herbert Smith Freehills Kramer)In a recent decision, the High Court granted relief in favour of a judgment creditor who had brought two applications against the first-ranking secured creditor for (i) an…
Singapore insolvency and restructuring lawBy Sheila Ng (Rajah & Tann Asia)IntroductionIn Singapore, judicial managers (“JMs“) appointed over a company are empowered to conduct a range of acts relating to the company’s business. However, JMs face removal if they fail to adhere to the…
Insolvency and alternative dispute resolution, Singapore insolvency and restructuring lawBy Sheena Heng (Supreme Court of Singapore) and Benjamin Bay (Singapore Management University)In ShortIn Hyalroute Communication Group Ltd v Industrial and Commercial Bank of China (Asia) Ltd [2025] HKCFI 2417 (“Hyalroute”), the Hong Kong Court of…
Foreign and comparative lawBy Meg Parry, Caroline Szylkrot, Anna Schwartz, Orla McCoy and Peter Bowden (Gilbert + Tobin) Key PointsThis is the first decision to directly address whether the release of security interests in exchange for payment…