Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events
18 April 2017
The US Second Circuit Court of Appeal recently reversed a controversial district court decision on noteholder protections under the Trust Indenture Act, finding that a for-profit education provider’s restructuring did not violate the law. Keenly watched by noteholders in the US, the decision has various implications for overseas parties too, as Weil Gotshal & Manges partners Andrew Wilkinson, Alexander Wood, Patrick Bright and Nitin Konchady, and consultant Kate Stephenson, note.
10 April 2017
Appleby partner Jeremy Walton, senior associate Jeremy Snead and associate Andrew Jackson discuss the future of voidable preference claims under Cayman Islands law and the implications for custodians, in light of a recent judgment from the Cayman Islands Court of Appeal.
04 April 2017
As a wall of debt comes due in the Asian bond markets, Singapore is making a timely play to become a regional and international restructuring hub. With the first steps – upgrades to the country's restructuring and insolvency laws – being implemented, Herbert Smith Freehills' Paul Apáthy and Emmanuel Chua take a closer look at the plan’s progress and what it could do to assist companies, creditors and investors.
20 March 2017
Athens was recently back in the headlines following a public disagreement between the Eurozone and the International Monetary Fund on future bailouts. In this edition of the sovereign debt column, Lee C Buchheit, a partner at Cleary Gottlieb Steen & Hamilton in New York, reflects back on Greece’s landmark 2012 debt restructuring, which he helped to craft.
10 March 2017
Ed Davis and Annette Escobar, founding member and partner at Astigarraga Davis in Miami, look at the limits to bringing fraudulent transfer and avoidance claims within Chapter 15 proceedings, as well as some of the loopholes to get around those limits.
01 March 2017
Legislative changes in Singapore and the EU, Brexit, and the increasing importance of jurisdictions servicing debt linked to China: could these developments shake up London and New York’s pre-eminent positions as hubs of cross-border insolvency and restructuring work? GRR invited 10 guests to find out.
27 February 2017
Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discusses new European rules on insolvency registration.
20 February 2017
Partners Rebecca Jarvis, Nick Le Masurier and Jo Windsor of Linklaters in London consider a recent landmark court ruling that poured cold water on the use of share or debt splitting strategies to block an English scheme of arrangement - and ask whether the time may have come to revisit the majority in number test in UK schemes.
17 February 2017
Hanjin Shipping Co, once the largest container transport company in Korea and a major player in the global supply chain, was officially declared bankrupt on 17 February, closing a difficult court-managed rehabilitation process that saw ships seized in international ports, while other vessels, crew and cargo were stranded offshore. GRR looks back on the six-month proceedings, and talks to maritime and insolvency lawyers on why speed and preparation are of the essence in getting courts to cooperate across borders, control disputes and protect a company’s assets.
17 February 2017
Pulkit Gupta, director at Ernst & Young in Delhi, talks through the new Indian Insolvency and Bankruptcy Code, arguing that while it is not perfect, it’s the best law India could have hoped for in the current circumstances.
03 February 2017
It was in the context of a Chinese fishery group’s collapse that the Singapore High Court called last September for the “reformulation” of the century-old common law Gibbs rule, arguing that it was outdated. Is the 1890 rule, that a discharge or compromise of debt can only be effective when done in accordance with its governing law, past its use by date? GRR investigates.
20 January 2017
Andrew Shutter, partner at Cleary Gottlieb Steen & Hamilton in London, considers the future of sovereign debt restructuring in the face of pari passu injunctions – that is, court orders preventing certain creditors from receiving payments if other creditors have not been paid in full.