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

Features

Airline insolvencies: Interview with IATA’s John Middleton

Airline insolvencies: Interview with IATA’s John Middleton

04 April 2018

John Middleton has served as assistant general counsel of the International Air Transport Association (IATA) with responsibility for bankruptcy since 2013. GRR’s sister publication Aviation Law News caught up with him in Bangkok to discuss the organisation’s role in airline failures in light of the recent spike.

Hits of 2017

Hits of 2017

03 April 2018

GRR takes a look back at the year that was 2017: who were the movers and shakers, what took up the most column inches, and which were the most-read stories in the cross-border insolvency and restructuring world.

An interview with Judge Martin Glenn

An interview with Judge Martin Glenn

29 March 2018

Judge Martin Glenn of the US Bankruptcy Court for the Southern District of New York met with GRR in the Big Apple last November, to discuss his experiences of cross-border cooperation and court-to-court communication, and highlight some of the important work being carried out by UNCITRAL’s insolvency working group.

Asset recovery column: Must a debtor have a domicile, place of business or assets in the US to use Chapter 15?

Asset recovery column: Must a debtor have a domicile, place of business or assets in the US to use Chapter 15?

22 March 2018

Founding shareholder Ed Davis and partner Annette Escobar of Sequor Law in Miami discuss a hot topic in US cross-border recognition actions that some courts have seemingly interpreted at odds with the letter and spirit of Chapter 15, and which could effectively shut the door to a US forum for recognition of foreign insolvencies.

UAE Bankruptcy Law: the early verdict

UAE Bankruptcy Law: the early verdict

16 March 2018

The United Arab Emirates introduced its new bankruptcy law to much fanfare in December 2016. Now over a year since the legislation came into force, GRR speaks to local and international experts about its impact and the likely next steps in the regime’s development.

Europe column: The IP acting outside its home jurisdiction

Europe column: The IP acting outside its home jurisdiction

23 February 2018

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discusses some powers insolvency practitioners may have when acting outside of their home jurisdiction.

The recoverability of Cryptocurrencies

The recoverability of Cryptocurrencies

09 February 2018

Jerome Small, a solicitor at Howard Kennedy in London, details some of the challenges for recovering cryptocurrencies in insolvency proceedings – especially where the owners are untraceable – and suggests that liability could end up lying with the employee or director who made the Bitcoin transfer.

BRRD: Challenges to Europe’s resolution ambitions

BRRD: Challenges to Europe’s resolution ambitions

31 January 2018

With the past year bringing new challenges to the EU’s Bank Resolution and Recovery Directive, GRR investigates why some bank restructurings appear to have followed the directive more closely than others – and what opposition to certain resolutions has demonstrated about the ability of European authorities to achieve their goals.

Insolvency mediation around the globe

Insolvency mediation around the globe

19 January 2018

Jacob (“Jack”) Esher, a principal in the cross-border mediation and consulting firm CBInsolvency who served as a primary mediator for international disputes in the Lehman Brothers case for over six years, looks at recent successes in insolvency mediation and related efforts by legislators and judges to promote consensual resolution of cases.

A good sort of forum shopping? Ocean Rig and the pre-appointment COMI shift

A good sort of forum shopping? Ocean Rig and the pre-appointment COMI shift

12 January 2018

When offshore drilling group Ocean Rig restructured US$3.7 billion worth of debt in the Cayman Islands, it marked the first successful pre-appointment centre of main interests shift to the territory, and the first time a Cayman court sanctioned a scheme for a foreign group. Following an exclusive interview with the drilling contractor’s Cayman counsel, Maples and Calder, GRR probes what the case means for the Cayman Islands as a restructuring hub in the face of continuing challenges.

Indian insolvencies: From blank slate to boomtown

Indian insolvencies: From blank slate to boomtown

11 January 2018

With the first real test of India's newly reformed insolvency laws looming in the form of the Indian banking system’s huge volume of non-performing assets, GRR spoke to practitioners in and outside the country about the opportunities presented for lawyers, advisers and distressed investors.

GRR meets Rome Court of Appeal president Luciano Panzani

GRR meets Rome Court of Appeal president Luciano Panzani

10 January 2018

GRR met Judge Luciano Panzani, the president of the Court of Appeal in Rome, at INSOL Europe’s annual congress in Warsaw in October, where he was speaking as part of the organisation’s Judicial Wing. He offered his views on the most important aspects of Italy’s newly approved insolvency reforms (which he helped to draft), the difficulties with court-to-court communication in civil law countries, and the problem of non-performing loans in the Italian banking system.