Effective cross-border restructuring in a modern commercial world: time for an alternative to the rule in Gibbs?

It may be time for an alternative to the rule in Gibbs, says Scott Atkins, president of INSOL International and Australian chair at Norton Rose Fulbright, as he examines recent jurisprudence on the 130-year-old rule from around the common law world, and the potential impact – or lack thereof – that the UK’s contemplated implementation of the UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-Related Judgments will have on its operation.

18 November 2022

Europe column: COMI and ascertainability by third parties

Bob Wessels comments on Lord Justice Lewison’s concurring opinion in the recent English Court of Appeal centre of main interests decision in East-West Logistics v Melars Group.

14 November 2022

INSOL at 40: president Scott Atkins discusses INSOL’s future plans as it hits a milestone age

INSOL International turned 40 this year and is using the opportunity to reimagine itself so it is still relevant in decades to come. GRR caught up with INSOL’s president Scott Atkins, global co-head of restructuring at Norton Rose Fulbright in Sydney, to talk about the association’s new 2030 strategy and how it is reframing itself from a regular membership organisation to a group with a broader societal impact, at a time when the global economic environment points to significant disruption.

11 November 2022

Ready for lift off: exploring restructuring opportunities in outer space

Outer space is being commercialised at a frenetic pace and is throwing up some complex legal questions where distress presents itself as the recent Intelsat, OneWeb and Speedcast international Chapter 11s have shown. Scott Atkins, president of INSOL International and global co-chair of Norton Rose Fulbright’s restructuring group, discusses some of the pressing issues that practitioners could face in the event of an appointment over a private space enterprise.

06 October 2022

Europe column: towards a review of the Dutch IP profession

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, calls for a better legislative balance for the IP profession in the Netherlands.

05 October 2022

Fuelling distress: Europe’s €500 billion energy crisis

Europe is facing an energy price crisis that has the potential to cause a flurry of restructuring and insolvency activity across the continent’s corporate sector. GRR spoke to insolvency practitioners across six key European jurisdictions to see which sectors are already showing distress, what policy makers are doing to try to counter it, and whether they think the policy-makers will be successful.

30 September 2022

Alto Maipo: Delaware ruling poses jurisdictional challenges for Ch11 debtors

Norton Rose Fulbright partner Andrew Rosenblatt and senior counsel Jason Blanchard examine the “far-reaching” implications of a recent Delaware bankruptcy court decision that they say provides foreign counterparties in cross-border Chapter 11 cases with a potential tool to contest the assumption of their contracts.

30 September 2022

European column: towards privacy codes of conduct

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, calls on IPs to consider adopting codes of conduct on issues of privacy, as data protection laws become ever more important to their day-to-day practice.

27 September 2022

Houst’s UK restructuring plan: the shape of things to come for distressed SMEs?

McDermott Will & Emery partner Mark Fine and senior associate Nick Jupp discuss property manager Houst’s UK restructuring plan and say it may pave the way for more SMEs to use the new tool instead of company voluntary arrangements or administrations.

25 August 2022

Mayday: what everyone should know about correctly valuing cryptocurrencies

John McKnight, a partner at Sanford Heisler Sharp in Washington, DC, examines some of the technical factors that go into valuing different types of cryptocurrencies, in the face of the recent price collapses and minimal regulation.

22 August 2022

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