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Allen & Overy partner Jennifer Marshall and associate Harini Viswanathan consider what the Gategroup convening judgment that found UK restructuring plans to be an “insolvency proceeding” for the purposes of the Lugano Convention means for the aviation sector – especially creditors with registered interests under the Cape Town Convention.
12 March 2021
Earlier this year, the BVI Commercial Court delivered its first ever written judgment on whether jurisdiction exists to make a committal order against a personal judgment debtor who is not domiciled or resident in the BVI. Kobre & Kim's John Han, Merrick Watson and Timothy de Swardt explain how the ruling came about and how significant it is for the territory.
09 March 2021
“Many people are going to be sympathetic to the plight of those forced into potential insolvency by the pandemic, but the reality is there'll be lots of restructurings.” Simon Bushell, co-founding partner at Seladore Legal in London, discusses his career as a disputes lawyer specialising in cross-border fraud and asset recovery – and his recent use of cross-border insolvency tools with the aim of helping a Russian bankruptcy trustee realise assets across Europe.
05 March 2021
Collas Crill recently brought a novel, successful application to appoint receivers over a promissory note and reconstitute a breach of a Jersey trust in the context of a bitter international family dispute. Group partners Sam Williams and Simon Hurry, who respectively brought the application, and led a team on behalf of the receivers in world-wide enforcement and recovery proceedings, discuss this first instance of a Jersey Court appointing receivers in aid of equitable execution.
04 March 2021
Bob Wessels, professor emeritus of international insolvency law at Leiden University and expert counsel on restructuring and insolvency to the European Commission, comments on a hotly topical debate.
02 March 2021
GRR turns to Canada for the latest instalment of its Worked Out series, where restructuring professionals face a boom from the newly legalised cannabis industry as they sense the opportunity to attract work from their US neighbours. We talked to practitioners in Toronto, Edmonton and Vancouver to find out more.
19 February 2021
More than 15 years after its enactment, the Brazilian Bankruptcy Law has finally gone through its first major reform and gained cross-border insolvency provisions. Felsberg Advogados partner Thomas Benes Felsberg and senior associate Thiago Dias Costa discuss the critical provisions that were altered on 24 December when the new law was enacted.
18 February 2021
GRR investigates how the Australian parent of a Congolese copper miner became the first company in the common law world to implement a guarantor’s scheme of arrangement, against a “well-funded, well-advised” opposing creditor and where restructuring in the Democratic Republic of the Congo or England was deemed possible, but impractical.
12 February 2021
“There's a lot of dry capital sitting there waiting to be used”. Head of Webber Wentzel’s restructuring and insolvency team Khurshid Fazel tells GRR about opportunities in the distressed M&A space in Africa, how her views on globalisation have changed, and why she thinks firms that commoditise parts of their offering are going to get an edge in the future.
05 February 2021
To say the least, 2020 was a tumultuous year and its effects will be felt economically and socially for many years to come. Although 2021 promises some improvement, disruption seems inevitable. Given the many unknowns lying ahead, partners John Whiteoak and Kevin Pullen at Herbert Smith Freehills have compiled a list of themes for GRR readers to look out for in the UK in the coming year.
04 February 2021
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