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“A party seeking to arbitrate claims against a debtor in a US bankruptcy proceeding faces an uphill climb”: lawyers from Vinson & Elkins explore some of the practical issues stemming from different policy considerations behind insolvency and arbitration laws across Europe and the US.
01 July 2020
London-based Fieldfisher partner Robin Spender and senior associate George Murphy examine the opportunities for distressed investors in the post-covid-19 world. Private equity has never been so cash rich, they say, and assets will rarely represent such value for money.
26 June 2020
On the back of the UK Supreme Court’s recent decision in Bresco, Latham & Watkins partner Jessica Walker examines the interaction between adjudication and the insolvency set-off regime.
25 June 2020
Sébastien Binard, a partner at the Luxembourg law firm Arendt & Medernach who works on corporate law, private equity, M&A as well as restructuring and insolvency matters, says the covid-19-related financial crisis is priming the legal profession for virtualisation. It may even be spurring a much-needed update to Luxembourg’s restructuring law.
16 June 2020
Partner Nikolay Pokryshkin, senior associate Dmitry Vlasov and associate Anastasia Shkvarova at Kulkov, Kolotilov & Partners in Moscow look at the peculiarities of airline insolvency in Russia, from the complex calculation of claims arising from lease agreements, to how Russian courts have dealt with English law.
15 June 2020
In the second part of his feature examining the “predictable uncertainties” in any eventual restructuring of Venezuela’s debt, Steven Kargman of Kargman Associates looks at the role China and Russia have to play as major bilateral creditors of Venezuela, and details the importance of oil price projections for any future debt sustainability analysis.
11 June 2020
Mia Drennan, president and founder of the global administrative agency and trustee services firm GLAS Group, says the post-covid-19 financial crisis has caused a rise in rapid, round-the-clock and weekend work on transactions. At first her firm met demand for drawdowns, then emergency funding requests and later for more complex restructurings: GLAS has since battened the hatches for a “long cycle”.
10 June 2020
In the first of a two-part feature, Steven Kargman, founder and president of the eponymous New York-based international restructuring advisory firm Kargman Associates, examines the “predictable uncertainties” that will be key to any future Venezuelan debt restructuring.
10 June 2020
Look Chan Ho of Des Voeux Chambers in Hong Kong tells GRR about two recent judgments recognising Mainland liquidations in Hong Kong, and his hopes that courts in the Mainland will reciprocate. He says local judges are also using an uptick in the number of defaults to increase calls to introduce a provisional liquidation regime.
05 June 2020
Partner Fabiana Solano and associate Thiago Dias Costa at Felsberg Advogados in Saõ Paulo discuss new rules on substantive consolidation of debtors’ assets in the draft bankruptcy bill pending before Brazil’s Congress. While the new rules offer a clear improvement to the current regime, the authors argue the terms under which they are proposed to apply may result in different interpretations and ongoing uncertainty.
20 May 2020
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