Features

Developments to Jersey's insolvency regime

Mourant Ozannes partner Stephen Alexander and associate Chris Vincent examine the recent “landmark” changes to Jersey’s Companies Law, which they say reinforce the jurisdiction’s position as a leader among offshore international finance centres.

06 December 2021

Heads-Up: Ron Thompson at Alvarez & Marsal in Hong Kong

The head of Alvarez & Marsal’s Asia restructuring practice, Ron Thompson, discusses the differences between onshore and offshore restructuring in China, the impact of the mainland’s new recognition protocol with Hong Kong and the effects of personal bankruptcy reform on the mainland.

01 December 2021

English law as a bulwark against insolvency

English law offers greater protection in insolvency than any other through its trio of “super-priority claims”, argues Philip Wood CBE QC, a special global counsel at Allen & Overy, visiting fellow at Cambridge, author and adviser to lobbying group LegalUK.

19 November 2021

What we know (so far) from GCC restructuring reforms

King & Spalding partner Mike Rainey in Dubai examines how recent reforms to the bankruptcy regimes in Saudi Arabia and the UAE are changing local markets – and identifies debt-for-equity swaps, non-performing loan transactions and the sale of healthy parts of a business in the context of restructuring as areas ripe for further development.

05 November 2021

Hydrodec Group – reconsidering COMI?

Goodwin partner Simon Thomas and associate Emily Lockhart discuss the key takeaways from a “somewhat curious” recent Australian ruling, which dismissed an application brought by UK-incorporated oil re-refining company Hydrodec Group for recognition of its use of the UK’s new moratorium tool as a foreign main proceeding under the UNCITRAL Model Law.

28 October 2021

Shuffling the cards in the historically debtor-driven French scheme

Partner Timothée Gagnepain and associate Lucille Madariaga at McDermott Will & Emery in Paris examine France’s recent transposition of the EU’s restructuring directive and argue that it strikes a new balance, taking France from a debtor-friendly regime, to leaning more towards the benefit of secured creditors.

25 October 2021

France’s new flash insolvency proceeding for SMEs

Alexandra Szekely, a partner at Le 16 Law in Paris, examines a new flash insolvency proceeding for small and medium sized companies that is now available under French law.

22 October 2021

Does the UK have a new “business judgment test”?

Should the growing enthusiasm of the English courts in challenging commercial aspects of cases be a cause for concern? Morrison & Foerster restructuring head Howard Morris, counsel Amrit Khosa and trainee Julia Kotamäki examine the recent cases of subprime lender Amigo Loans and oil company Hurricane Energy, in which the High Court refused to sanction the proposed restructurings.

18 October 2021

Carbon credits: asset and/or liability in restructuring?

Arnold & Porter partners Brian Lohan in Chicago and Maja Zerjal Fink in New York consider the treatment of emissions credits in the financing and restructuring context and suggest unified systems for trading and dealing in them around the world.

14 October 2021

Europe column: Cross-border insolvency in Rembrandt’s day

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, gives readers an early modern history lesson on the origins of cross-border insolvency in central Europe: the background to his new book, “Rembrandt’s Money”.

12 October 2021

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