Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events

Features

Policy-related complexities in parallel, cross-border insolvency and arbitration proceedings

Policy-related complexities in parallel, cross-border insolvency and arbitration proceedings

01 July 2020

“A party seeking to arbitrate claims against a debtor in a US bankruptcy proceeding faces an uphill climb”: Vinson & Elkins restructuring counsel Kevin Heverin in London and senior associate Jessica Peet in New York, team up with international arbitration partner Louise Woods, counsel Adrianne Goins and trainee solicitor Elena Guillet, to explore some of the practical issues stemming from different policy considerations behind insolvency and arbitration laws across Europe and the US.

The road to recovery: investment opportunities for private equity and private debt post-covid-19

The road to recovery: investment opportunities for private equity and private debt post-covid-19

26 June 2020

London-based Fieldfisher partner Robin Spender and senior associate George Murphy examine the opportunities for distressed investors in the post-covid-19 world. Private equity has never been so cash rich, they say, and assets will rarely represent such value for money.

UK Supreme Court confirms an insolvent company can commence adjudication in construction disputes

UK Supreme Court confirms an insolvent company can commence adjudication in construction disputes

25 June 2020

On the back of the UK Supreme Court’s recent decision in Bresco, Latham & Watkins partner Jessica Walker examines the interaction between adjudication and the insolvency set-off regime.

Peculiarities of airline insolvency under Russian law

Peculiarities of airline insolvency under Russian law

15 June 2020

Partner Nikolay Pokryshkin, senior associate Dmitry Vlasov and associate Anastasia Shkvarova at Kulkov, Kolotilov & Partners in Moscow look at the peculiarities of airline insolvency in Russia, from the complex calculation of claims arising from lease agreements, to how Russian courts have dealt with English law.

Venezuela’s debt restructuring: predictable uncertainties – part 2

Venezuela’s debt restructuring: predictable uncertainties – part 2

11 June 2020

In the second part of his feature examining the “predictable uncertainties” in any eventual restructuring of Venezuela’s debt, Steven Kargman of Kargman Associates looks at the role China and Russia have to play as major bilateral creditors of Venezuela, and details the importance of oil price projections for any future debt sustainability analysis.

Venezuela’s debt restructuring: predictable uncertainties – part 1

Venezuela’s debt restructuring: predictable uncertainties – part 1

10 June 2020

In the first of a two-part feature, Steven Kargman, founder and president of the eponymous New York-based international restructuring advisory firm Kargman Associates, examines the “predictable uncertainties” that will be key to any future Venezuelan debt restructuring.

Substantive consolidation in the upcoming Brazilian Bankruptcy Law reform

Substantive consolidation in the upcoming Brazilian Bankruptcy Law reform

20 May 2020

Partner Fabiana Solano and associate Thiago Dias Costa at Felsberg Advogados in Saõ Paulo discuss new rules on substantive consolidation of debtors’ assets in the draft bankruptcy bill pending before Brazil’s Congress. While the new rules offer a clear improvement to the current regime, the authors argue the terms under which they are proposed to apply may result in different interpretations and ongoing uncertainty.

Covid-19 calls: FHB co-founder Hélène Bourbouloux in Paris

Covid-19 calls: FHB co-founder Hélène Bourbouloux in Paris

07 May 2020

“The first week was like a big storm.” Hélène Bourbouloux, the managing partner and co-founder of French boutique FHB, discusses how the pandemic could lead to the modernisation of France's insolvency regime, how private equity and hedge funds could provide solutions for struggling companies, and why she thinks the European Commission should relax its competition regulations.

Circumventing arbitration via a winding-up petition

Circumventing arbitration via a winding-up petition

01 May 2020

After a long-awaited ruling by the Singapore Court of Appeal, Debby Lim of restructuring and insolvency boutique BlackOak and Arvin Lee of Wee Swee Teow in Singapore consider how creditors may seek to circumvent an arbitration agreement by means of a winding-up petition and how a debtor can combat such moves.

Names to know in Brazil

Names to know in Brazil

01 May 2020

GRR's guide to the firms and individuals you need to know in Brazil's restructuring market.

Distressed investors on the horizon?

Distressed investors on the horizon?

01 May 2020

The uncertainty in the Brazilian restructuring market has made it difficult to attract local investors, but there are signs that foreign investments are on the uptick. There is still work to be done, and lawyers say fixing the country’s DIP financing legislation would be a good start.

Banks and shareholders: where is the leverage?

Banks and shareholders: where is the leverage?

01 May 2020

Unlike in other jurisdictions, shareholders have historically played a powerful role in Brazilian restructurings, while a small band of the country’s banks have been able to sit outside negotiations, unwilling to accept haircuts. Are things going to change?