Foreign and comparative lawDebt Restructuring in India (1/2): Recent Challenges
By Ganesh Gopalakrishnan (Research Fellow, National Institute of Public Finance and Policy, New Delhi) and Urmika Tripathi (Legal Consultant, REDD Intelligence)
Introduction
The Insolvency…
Cross-border insolvencyUncovering the Enigma of the Public Policy Exception in Cross-Border Insolvency
By Irvin Ho Jia Xian (LLB Student, Singapore Management University)
Introduction
The Model law on Cross-Border Insolvency (the “Model Law”) preserves the possibility…
Foreign and comparative lawMy Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
By Amir Licht (Interdisciplinary Center Herzliya, Israel)
In several common law systems, creditors of corporate debtors enjoy legal…
Foreign and comparative lawChief Restructuring Officers in Asia: Is the appointment of a CRO the way forward for debtor-led restructurings?
By David Chew (Partner, DHC Capital)
Introduction
We are increasingly seeing the appointment of restructuring professionals in Asia…
Singapore insolvency and restructuring lawSuper Priority Rescue Financing in Singapore
By David Chew (Partner, DHC Capital)
Introduction
Singapore introduced major reforms to its debt restructuring regime through the Companies (Amendment) Act 2017 which came into effect on 23 May 2017.…
Cross-border insolvencyCross-Border Debt Restructuring by Indonesian Companies: A Primer on Key Considerations by an International Deal Lawyer
By Pooja Sinha (GLS Law Firm)
An Indonesian debtor seeking to undertake a cross-border debt restructuring process has to deal…
Foreign and comparative lawTowards an Optimal Model of Directors’ Duties in the Zone of Insolvency: A Comparative Assessment
By Aurelio Gurrea-Martínez (Singapore Management University)
Introduction
When a company becomes factually insolvent but it is not yet subject to a…
Small companiesImplementing an Efficient Insolvency Framework for Micro and Small Enterprises
By Aurelio Gurrea-Martinez (Singapore Management University)
I. Introduction
Micro, small and medium-sized enterprises (MSMEs) represent about 90% of businesses and…
Foreign and comparative lawThe Virgin Restructurings: Comparing the Australian and UK Experiences and Looking Ahead to Future Law Reform
By Scott Atkins (Norton Rose Fulbright) and Dr Kai Luck (Norton Rose Fulbright)
Context
Virgin Australia Holdings Limited (Virgin…
Foreign and comparative lawFilings under India’s Insolvency and Bankruptcy Code stand suspended: Some considerations
By Akshaya Kamalnath (Auckland University of Technology)
On June 6th, 2020, the Insolvency and Bankruptcy Code (IBC), was amended via an ordinance. In…