Foreign and comparative lawThe international restructuring of Steinhoff under the Dutch WHOA
By Omar Salah and Jan de Wit (Norton Rose Fulbright)
Introduction
On 21 June 2023, the District Court of Amsterdam (the WHOA Court) granted its judgment in one of the largest…
Insolvency and technologyNetherlands Commercial Court holds that digital data cannot be subject to ownership - What does this mean for insolvency practitioners?
By Jung Sangbum (INSOL Asia Hub)
Introduction
An insolvency practitioners’ role includes, inter alia,…
Insolvency and alternative dispute resolutionMediation as a bankruptcy and insolvency game changer
By Scott Atkins and Kai Luck (Norton Rose Fulbright)
Introduction
While once spoken of as a "future trend", mediation is now actively being used as a key bankruptcy and insolvency tool. In…
Foreign and comparative lawNo Double Dipping – Avianca Bankruptcy Court Demands that Foreign Creditors Drop Foreign Enforcement Proceedings at Risk of Having Bankruptcy Claims Disallowed
By Matthew Wargin and Jade Edwards (Mayer Brown LLP)
In a January 2023 opinion,[1…
Foreign and comparative lawEnglish Court Approves First UK Restructuring Plan in Parallel to a European “Preventive Restructuring” Process
By Thomas Jemmett, Kate Stephenson, Mallika Abidi, Ken Au and Georgina Vale (Kirkland & Ellis International LLP)
At a Glance
The…
Cross-border insolvency, Foreign and comparative lawWhat is an Insolvency Proceeding?
By Riz Mokal (South Square and Aberdeen University School of Law)
To the question in the title, one may be forgiven the innocent response ‘Who cares?’. In fact, the question matters for all the reasons that legal…
Foreign and comparative lawLiability management transactions: providing new capital and laying the groundwork to cramdown of those left behind
By James A. Copeland and Maria Mokrzycka (Norton Rose Fulbright)
Introduction
Liability management is having a moment. Once a…
Economic and financial issues in insolvencyLoan-to-Own 2.0
By Robert Miller (University of South Dakota)
The rise of convertible debtor-in-possession (“DIP”) financing is symptomatic of a paradigm shift in the control of large bankruptcy cases. During the prior era of lender control,…
Foreign and comparative lawSeparate classification of related-party creditors – Commentary on Malaysian Federal Court Judgment
By Jung Sangbum (INSOL Asia Hub)
Introduction
In MDSA Resources Sdn Bhd v Adrian Sia Koon Leng [2023] 5 MLRA 358, the Malaysian Federal Court had…
Foreign and comparative lawPolicy and Regulatory Advances in Informal Workout and MSE ProcessesBy Scott Atkins and Kai Luck (Norton Rose Fulbright)SynopsisIn August 2021, the authors published an article outlining the key features of the World Bank’s revised edition of its…