Foreign and comparative law, Insolvency and alternative dispute resolutionCourt of Appeal confirms Guy Lam applies to an arbitrable petition debt, set-off or cross-claim
By Richard Keady and Grace Lee (Dentons Hong Kong)
The Court of Appeal recently issued two judgments in Re Simplicity & Vogue Retailing (HK)…
Cross-border insolvency‘Good’ and ‘bad’ reasons for the opening of parallel restructuring proceedings
By Ilya Kokorin (Leiden University)
Introduction
It is often the case that financial distress of a firm is addressed in several proceedings opened in different…
Foreign and comparative lawUK restructuring plans: What does the future hold following the English Court of Appeal’s landmark ruling in Adler?
By James Stonebridge, Mark Craggs, Matthew Thorn, and Helen Coverdale (Norton Rose Fulbright)
Introduction
Almost four years after…
Foreign and comparative law, Insolvency and alternative dispute resolutionNo More Automatic Stays for Winding-Up Petitions Involving an Arbitration or Exclusive Jurisdiction Clause
By Kate Stephenson (Kirkland & Ellis)
At a Glance
The Privy Council — the court of final appeal for UK overseas territories — recently…
Cross-border insolvency, Singapore insolvency and restructuring lawGaruda Indonesia’s restructuring recognised in Singapore: The SICC delivers its first insolvency judgment
By Scott Atkins and Charles Nugent-Young (Norton Rose Fulbright)
Introduction
The Singapore International Commercial Court (SICC), which…
Foreign and comparative lawRecent Developments in DIP Financing for International and Domestic DebtorsBy Richard J Cooper, Lisa M Schweitzer and Richard C Minott (Cleary Gottlieb Steen & Hamilton) Chapter 11 has gained a strong foothold as a possible pathway for…
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…