Economic and financial issues in insolvency, Foreign and comparative lawFinancial Disequilibrium
By Samir Parikh (Lewis & Clark Law School)
Corporate bankruptcy cases have recently undergone a shift. After decades where creditors exercised outsized control, equity sponsors have now ascended the throne. This…
Foreign and comparative lawRestructuring Moratoriums Through an Information-Processing Lens
By Sarah Paterson (LSE Law School)
In my article, ‘Restructuring Moratoriums Through an Information-processing Lens’, I argue that when moratoriums (or ‘stays’ as they are known in…
Foreign and comparative lawEnglish High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
By Andrew Cooke and Richard Mendoza (Herbert Smith Freehills)
In a recent case, the High Court has had one of its first…
Cross-border insolvencyA Commitment Rule for Insolvency Forum
By Anthony Casey (University of Chicago Law School), Aurelio Gurrea-Martinez (Singapore Management University), and Robert Rasmussen (USC Gould School of Law)
The Model Law on Cross-Border…
Cross-border insolvency, Singapore insolvency and restructuring lawSingapore Court of Appeal lifts automatic stay in recognition application under Singapore’s UNCITRAL Model Law on Cross-Border Insolvency
By Samuel Loh and Stanley Tan (BlackOak LLC)
Introduction
In Ascentra Holdings, Inc (in official liquidation…
Foreign and comparative lawOverview of the Evolving Jurisprudence under the Indian Insolvency and Bankruptcy Code, 2016
By Nilang Desai, Urmika Tripathi, Kushagra Pandey, Aditya Bhadra Ray, Rashi Priya (AZB & Partners)
Background
The judiciary has played a vital role…
Foreign and comparative lawEnglish Court of Appeal Overturns Adler Restructuring Plan
By Tom Smith, Adam Al-Attar, Daniel Bayfield, Ryan Perkins, and Annabelle Wang (South Square)
Re AGPS Bondco Plc (“Adler”)
The Court of Appeal (Nugee, Snowden LJJ and Sir Nicholas…
Cross-border insolvencyThe MLCBI, the COMI and Emerging Markets: Is it Time for Amendments?
By Rosa M. Rojas-Vertiz (Instituto Tecnológico Autónomo de México (ITAM) – Law School)
In a recent article, The MLCBI, the COMI, and Emerging Markets: Is it Time for Amendments…
Foreign and comparative lawNavigating Post-Brexit: The Impact and Opportunities of the EU Proposed Insolvency Directive on Scottish Law
By Charles Ho Wang Mak (Robert Gordon University)
Introduction
Insolvency law is a cornerstone in maintaining economic stability and…
Economic and financial issues in insolvencyGame Theory in Action: Making the Deal Happen in Large and Complex Debt Restructurings (1/2)
By Ravindran Navaratnam (Sage 3)
The dynamics between borrowers and lenders in the context of debt restructuring can be simulated in the form of a…