Features

Europe column: check the right registers before filing

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, warns petitioners to look in the right place for judgments opening insolvency proceedings in another EU member state – or they may face costly consequences.

07 February 2023

Cryptocurrency in insolvency: is it property and to whom does it belong?

While acknowledging the limited regulatory guidance currently in place, managing partner Kyle Broadhurst and Richard Parrish from Cayman boutique Broadhurst provide a brief overview on how at least seven different jurisdictions are approaching the treatment of crypto assets in insolvency.

06 February 2023

Transatlantic restructuring trends: challenges and opportunities in 2023

Partners from McDermott Will & Emery in the UK and US examine how struggling companies fared in 2022 with reduced access to liquidity, and predict an increase in distressed M&A activity and out-of-court transactions as debtors look to deal with those liquidity issues in the year ahead.

17 January 2023

Europe column: The need for a pan-European approach on Russia sanctions impacting insolvencies

Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, discusses how Russia sanctions have permeated a Dutch insolvency, and makes a case for a pan-European approach towards the impact of public law measures on insolvency law.

16 January 2023

Marelli: a first-of-its-kind restructuring in Japan

After representing automotive supplier Marelli in the first-ever use of simplified rehabilitation proceedings to cram down minority creditors in Japan, Jones Day partner Chris Ahern and Mori Hamada & Matsumoto partner Dai Katagiri and senior associate Ryo Kawabata tell GRR why the company was well-suited to being a test case and discuss Japan's plans to enact new laws to tackle potential drawbacks highlighted by the case.

11 January 2023

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

Unlock unlimited access to all Global Restructuring Review content