Features

UAE Bankruptcy Law: the early verdict

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.

16 March 2018

Europe column: The IP acting outside its home jurisdiction

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.

23 February 2018

The recoverability of Cryptocurrencies

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.

09 February 2018

BRRD: Challenges to Europe’s resolution ambitions

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.

31 January 2018

Insolvency mediation around the globe

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.

19 January 2018

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

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.

12 January 2018

Indian insolvencies: From blank slate to boomtown

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.

11 January 2018

GRR meets Rome Court of Appeal president Luciano Panzani

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.

10 January 2018

Pre-insolvency column: Crisis management under Italy’s new Rordorf law

Partner Enrica Maria Ghia and associate Filippo Bosazzi of Studio Legale Ghia in Milan summarise the new Rordorf Law passed in Italy in October, in the latest edition of GRR’s pre-insolvency column in association with TMA Europe.

13 December 2017

Europe column: Crossing insolvency swords between India and the Netherlands

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, laments the “unpredictable” regime in the Netherlands for parties from outside the EU – an issue evidenced by a recent case between Dutch and Indian companies.

07 December 2017

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