The Implementation of the Model Law on Cross-Border Insolvency: International Divergences and Challenges Ahead
By Aurelio Gurrea-Martinez (Singapore Management University)[1]
Synopsis
The Model Law on Cross-Border Insolvency (‘MLCBI’) was…
Does 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…
From Re Gatecoin to ByBit: The solidification of the nature of crypto assets as “property”
By Kartikey Mahajan, Bhavya Chengappa, and Aayushi Singh (Khaitan and Co)
Background
The Courts of both Hong Kong and Singapore have declared…
The director’s duty to consider creditor interests
By Charles McConnell (White & Case LLP)
In Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10 (OP3 International), the Singapore Court of Appeal considered the trigger…
FTX’d: Conflicting Public and Private Interests in Chapter 11
By Jonathan Lipson (Temple University) and David Skeel (University of Pennsylvania)
We often hear (and sometimes say) that the “public interest” plays a role in chapter 11…
Unpacking Directors’ Duties to Creditors: A Close Look at the OP3 International Decision
By Manoj Sandrasegara, Smitha Menon, Joy Tan, Kevin Ho, Lionel Leo, Stephanie Yeo, Joel Chng, and Tan Kai Yun (WongPartnership LLP)
Introduction…
Full-steam Ahead for Mainland-Hong Kong Cooperation Mechanism to Recognise and Assist Insolvency Proceedings in Pilot Areas and Beyond
By Vincent Law, Raymond Yang, Johnson Ng, Emily Chen (Mayer Brown)
The pilot measure for mutual recognition and…
Malaysia’s Companies Amendment Act 2024 Strengthens its Restructuring and Corporate Rescue Landscape
Malaysia’s Companies Amendment Act 2024 Strengthens its Restructuring and Corporate Rescue Landscape
By Lee Shih (Lim Chee Wee Partnership)
The Companies (Amendment) Act 2024 (“Amendment Act”), save for a few sections, came into force on 1 April…
Crypto Failures: Contract, Property and Regulatory Law
By Ilya Kokorin (Leiden University)
Introduction
2022 and 2023 are widely regarded as the years of crypto bankruptcies. The collapses of Three Arrows Capital, Voyager, Celsius, FTX/Alameda,…
Cryptocurrency related Situs Issues: An analysis of Cheong Jun Yoong v. 3AC
By Kartikey Mahajan, Bhavya Chengappa and Aayushi Singh (Khaitan and Co)
The General Division of the High Court of Singapore (SGHC) in Cheong Jun Yoong v Three Arrows…