Foreign and comparative lawThe EU Adaption of Important Chapter 11 ProvisionsBy Ken Baird, Katharina Crinson, Guilhem Bremond, Michael Broeders, Charlotte Ausema, Jan-Philip Wilde, Ana López, Silvia Angós, Mark Liscio and Samantha Braunstein (Freshfields Bruckhaus Deringer)…
Insolvency and alternative dispute resolutionThe Law Applicable to the Effects of Insolvency in Arbitration: UNCITRAL’s Work in Progress
By Manuel Penades (King’s College London)
For the last couple of years Working Group V at UNCITRAL has been working on a project dedicated to the…
Cross-border insolvencyWhen is a Cayman Islands liquidation not a foreign proceeding?
By Francisco Vazquez and Michael Berthiaume (Norton Rose Fulbright US LLP)
United States courts have typically concluded that offshore liquidations are “foreign proceedings” eligible…
Cross-border insolvency, Singapore insolvency and restructuring lawRecognising Foreign Proceedings under Singapore’s Restructuring and Insolvency Regime: Court of Appeal Clarifies Whether Company Must be Insolvent
By Sim Kwan Kiat, Sheila Ng and Walter Yeo (Rajah & Tann Singapore LLP)
Introduction…
Foreign and comparative lawEnglish High Court sanctions German real estate group’s “wind-down” restructuring plan
By Charles Balmain, Ben Davies, Christian Pilkington, John Rogerson, Cecily Higham, and Robbie Powell (White & Case LLP)
The English High Court has…
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…
