Cross-border insolvency, Insolvency and alternative dispute resolutionBy Manuel Penades (King's College London)IntroductionSince 2019, Working Group V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings. The…
Foreign and comparative law, Insolvency and technologyBy Mark Salzberg and Kyle Arendsen (Squire Patton Boggs)On June 26, 2024, the bankruptcy court presiding over the FTX Trading bankruptcy issued a memorandum opinion[1] addressing valuation of cryptocurrency-based claims and how to “…
Foreign and comparative lawBy Mark Craggs and Helen Coverdale (Norton Rose Fulbright)OverviewThe English High Court has ordered[1] two directors (the Directors) of four companies in the British Home Stores group (BHS) to make payments exceeding £18 million in…
Foreign and comparative lawBy Richard J. Cooper, David Z. Schwartz, Brad Lenox and Sara Watson (Cleary Gottlieb)IntroductionOn November 20, 2023, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued a ruling dismissing…
Foreign and comparative lawBy Robert D. Drain, Shana A. Elberg, Evan A. Hill and Jaclyn F. Kleban (Skadden)IntroductionDIP loans that provide the option to convert into equity of the reorganized debtor, functioning like a rights offering, are becoming increasingly…
Cross-border insolvency, Foreign and comparative lawBy Francisco Vazquez (Norton Rose Fulbright)IntroductionChapter 15 of the United States Bankruptcy Code implements the Model Law on Cross-Border Insolvency in the US, and provides “effective mechanisms for dealing with cases of cross-border…
Economic and financial issues in insolvency, Small companiesBy Chalerm Jaitang (Prince of Songkla University), Zhaohua Li and Christopher Gan (Lincoln University)IntroductionSmall and Medium-sized Enterprises (SMEs) are a cornerstone of Thailand’s economy, contributing significantly to…
Insolvency and technologyBy Ameya Gokhale and Kriti Kalyani (Shardul Amarchand Mangaldas)IntroductionValue maximization is one of the primary objectives of a corporate insolvency resolution process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”). While…
Foreign and comparative lawBy Anthony Casey (University of Chicago Law School), Joshua Macey (Yale Law School) and Edward Morrison (Columbia Law School)In its Purdue Pharma decision, the United States Supreme Court weakened the ability of mass tort victims to…
Cross-border insolvency, Foreign and comparative lawBy Heather Lennox, Corinne Ball, Olaf Benning and Dan T. Moss (Jones Day)The number of complex cross-border restructurings continues to rise as the various economies of the world become more integrated. A growing contingent of countries has…
