Features

The EU Restructuring Directive: how member states are progressing with transposition

With the deadline for domestic transposition of the European Restructuring Directive having passed this weekend, McDermott Will & Emery partner Timothée Gagnepain and associate Lucille Madariaga in Paris discuss how it has been eagerly awaited – and yet is likely to be postponed for at least a year – in most EU member states.

19 July 2021

Heads-Up: Chong Yee Leong at Allen & Gledhill in Singapore

Featured in Heads-Up

“The development of Singapore into an Asian restructuring hub needs time. We have all the tools necessary to get there, but you need to give us time to develop.” Chong Yee Leong, head of Allen & Gledhill’s restructuring & insolvency practice and co-head of its international arbitration practice, discusses the highs and lows Singapore has faced as it presses on with its bid to become a restructuring hub, and compares them to some of the lessons learned from its 30-year journey to becoming a popular seat for international arbitrations.

08 July 2021

Heads-Up: Richard Fleming and Mark Firmin at Alvarez & Marsal in London

Featured in Heads-Up

“The international work is polarising into a small number of players, none of which include the Big Four.” Alvarez & Marsal’s European leader Richard Fleming and UK head Mark Firmin discuss the firm’s expansion amid reform at the Big Four; as well as covid, Brexit, why landlords have had their heads in the sand for too long, and the rise of the UK restructuring plan.

18 June 2021

Common law recognition of schemes: not possible for now

Cross-border recognition of schemes of arrangement is only available where legislated for, note Harneys Asia managing partner Ian Mann, global head of restructuring Chai Ridgers, and senior associate Katherine McMenamin: in the meantime, parallel schemes are the safest course to de-risking a restructuring.

21 May 2021

The post-pandemic restructuring landscape - three trends from Asia

Against the backdrop of the covid-19 pandemic and soon-to-be-rescinded government support schemes, local principal Emmanuel Chua and associate Shriram Jayakumar at Baker & McKenzie Wong & Leow in Singapore discuss three key trends to look for in the "new normal".

20 May 2021

Recognition considerations after Brexit: Rome Regulation offers hope after UK’s Lugano blow

RPC’s Paul Bagon, Will Beck and Kate Watson consider the alternative avenues for recognition of schemes in the EU following a setback in the UK’s bid to join the Lugano Convention – and discuss the broader landscape for international recognition of insolvency proceedings after Brexit.

11 May 2021

Lamtex decision could be “watershed moment” for Hong Kong

James Wood of Denis Chang’s Chambers discusses the recent Lamtex decision that saw a Hong Kong winding-up order issued against a Bermudian company in “soft-touch” provisional liquidation, and says it could result in Hong Kong courts exercising insolvency jurisdiction over offshore companies to a far greater extent than in recent years.

07 May 2021

The just and equitable winding up jurisdiction in Jersey: loss of substratum

Partner Stephen Alexander and Chazha Hick at Mourant in Jersey consider the case law setting out the circumstances in which local courts can wind up companies on just and equitable grounds, where the company’s original purpose can no longer be pursued.

03 May 2021

Pre-pack framework heralds next phase of India’s bankruptcy evolution

“Crisis creates an opportunity for reforms.” EY partner Pulkit Gupta and senior associate Utkarsh Goel discuss the flexibility of India’s new pre-pack framework, which they say could prove invaluable in helping to deal with an expected wave of covid-related distress in the coming months.

30 April 2021

ABLI & INSOL: Is Singapore a good alternative for Indonesian companies?

Lawyers from Singapore and Indonesia compared the pros and cons of their jurisdictions for international restructurings featuring Indonesian companies, at a webinar organised by the Asian Business Law Institute and INSOL International.

30 March 2021

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