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Features

Divergent trends in COMI determination: Singapore’s position further drifts from European approach

Divergent trends in COMI determination: Singapore’s position further drifts from European approach

11 March 2019

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel to the European Commission, and Ilya Kokorin, researcher/lecturer at Leiden University, discuss the consequences of the High Court of Singapore’s Zetta Jet decision earlier this month, previously reported by GRR.

On and off the bench: an interview with Judge Shelley Chapman

On and off the bench: an interview with Judge Shelley Chapman

08 March 2019

Judge Shelley C Chapman, the New York bankruptcy judge who took the reins of Lehman five years ago, met GRR to talk about “too big to fail” financial institutions, US bankruptcy law, and her career on and off the bench.

Europe column: NK v BNP Paribas Fortis – Insolvency Regulation or Brussels I regulation?

Europe column: NK v BNP Paribas Fortis – Insolvency Regulation or Brussels I regulation?

11 February 2019

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel to the European Commission, and Gert-Jan Boon, researcher/lecturer at Leiden University, discuss the fallout from the 6 February decision of the Court of Justice of the EU that a Dutch so-called Peeters-Gatzen action falls within scope of the Brussels I Regulation.

Singapore’s restrictions on ipso facto clauses: what comes next?

Singapore’s restrictions on ipso facto clauses: what comes next?

01 February 2019

Singapore’s new restrictions on ipso facto clauses are welcome news to the local restructuring community, and a strong step towards establishing it as one of the region’s premier restructuring hubs. But how will these restrictions affect innocent counterparties and existing commercial contracts, ask partner Guan Feng Chen and associate Jonathan Tang at Morgan Lewis Stamford?

Europe column: interpreting a no-action clause in a trust deed

Europe column: interpreting a no-action clause in a trust deed

24 January 2019

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discusses the interpretation of a no-action clause in a trust deed, with a focus on the restructuring of the Brazilian telecom group Oi.

US is biggest risk to global economy

US is biggest risk to global economy

18 January 2019

The biggest risk to global economic growth is not a trade war or excessive Chinese debt: it’s the US economy, says Matthew Hoffer, managing partner at Swiss advisory firm Spire Strategy.

Justice Nick Segal in session

Justice Nick Segal in session

09 January 2019

Taking a break from his busy schedule as judge in the Grand Court of the Cayman Islands and barrister in London, Justice Nick Segal met GRR to discuss the Gibbs rule and dissect his recent China Agrotech decision.

Names to know in Cayman

Names to know in Cayman

09 January 2019

Read on for all the judges, lawyers and other types of restructuring and insolvency advisers you need to know in the Cayman Islands.

On the map: Cayman worked out

On the map: Cayman worked out

09 January 2019

Cheaper than other financial centres, fast and flexible when necessary and with planned reforms on the horizon; can Cayman compete? GRR investigates

Pinsent Masons, London: would a moratorium have saved Carillion?

Pinsent Masons, London: would a moratorium have saved Carillion?

21 December 2018

The collapse of UK construction firm Carillion in January sent shockwaves through the restructuring world, but could the UK government’s proposed insolvency reforms have helped save the company?

GRR Live Hong Kong: Harris J on mutual recognition and pushback on Singapore moratoria

GRR Live Hong Kong: Harris J on mutual recognition and pushback on Singapore moratoria

08 November 2018

Mr Justice Jonathan Harris, the judge in charge of Hong Kong’s company law and insolvency law cases, used his keynote at GRR Live to call for a mutual recognition protocol for insolvency orders between mainland Chinese courts and their Hong Kong counterparts, and to raise scepticism over the cross-border moratorium provisions in Singapore’s recent restructuring reforms – the subject of his recent decision in CW Technologies.

Risky business: directors’ indemnities and exculpation in the Cayman Islands

Risky business: directors’ indemnities and exculpation in the Cayman Islands

02 November 2018

In the Cayman Islands, where there is no specific law on directors’ duties, it’s common for company articles of association or service contracts to limit or exclude directors’ liability or indemnity. Partner Nick Hoffman and senior associate Gráinne King from Harneys examine some of the key terms found in these limitation or exclusion clauses, as well as a number of fresh developments in Cayman Islands case law.