Foreign and comparative lawLatest developments in Hong Kong restructuring lawBy Heidi Chui (Stevenson, Wong & Co)IntroductionAs a special administrative region of China under the ‘one country, two systems’ principle, Hong Kong retains a common law legal system that is…
Foreign and comparative lawThe 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,…
Cross-border insolvency, Foreign and comparative law, Singapore insolvency and restructuring lawThe Implementation of the Model Law on Cross-Border Insolvency: International Divergences and Challenges AheadBy Aurelio Gurrea-Martinez (Singapore Management University)[1] SynopsisThe Model Law on Cross-Border Insolvency (‘MLCBI’) was enacted by…
Foreign and comparative lawDoes 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…
Insolvency and technology, Singapore insolvency and restructuring lawFrom Re Gatecoin to ByBit: The solidification of the nature of crypto assets as “property”
By Kartikey Mahajan, Bhavya Chengappa, and Aayushi Singh (Khaitan and Co)
Background
The Courts of both Hong Kong and Singapore have declared…
Singapore insolvency and restructuring lawThe director’s duty to consider creditor interests
By Charles McConnell (White & Case LLP)
In Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10 (OP3 International), the Singapore Court of Appeal considered the trigger…
Foreign and comparative lawFTX’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…
Singapore insolvency and restructuring lawUnpacking Directors’ Duties to Creditors: A Close Look at the OP3 International Decision
By Manoj Sandrasegara, Smitha Menon, Joy Tan, Kevin Ho, Lionel Leo, Stephanie Yeo, Joel Chng, and Tan Kai Yun (WongPartnership LLP)
Introduction…
Cross-border insolvencyFull-steam Ahead for Mainland-Hong Kong Cooperation Mechanism to Recognise and Assist Insolvency Proceedings in Pilot Areas and Beyond
By Vincent Law, Raymond Yang, Johnson Ng, Emily Chen (Mayer Brown)
The pilot measure for mutual recognition and…
Foreign and comparative lawMalaysia’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…