Regional news: Switzerland

COMI: Court of Appeal finds governing law of contracts does not displace place of registration presumption

An oil trader has failed to persuade an English court that a Maltese-registered oil company’s hard-to-determine centre of main interests is in England – the country whose law governed the pair’s contracts – in the latest UK decision to interpret the European Insolvency Regulation.

31 October 2022

Nord Stream 2 pipeline wins moratorium extension until January

The Swiss parent company of ill-fated offshore natural gas pipeline Nord Stream 2 has successfully obtained an extension of bankruptcy protection after sanctions imposed on Russia withered hopes the pipeline would secure the approval needed to operate.

12 September 2022

Swiss court weighs in on the distribution of liquidation surplus for dissolved entities

Switzerland’s highest court has ruled that where a company is liquidated due to organisational defects, the court-appointed cantonal bankruptcy office overseeing its liquidation must return surplus assets to either a debtor or a deposit and consignment fund.

24 March 2022

Kuwait social security institution secures FTI appointment over Adamas entity

A Kuwaiti public institution has persuaded a Cayman court not to appoint Deloitte partners as liquidators of a Hong Kong-based fund, and to instead appoint members of FTI Consulting who are already investigating some of its affiliates.

27 August 2021

“Persistent failure”: Paul Weiss report shows how Credit Suisse overlooked Archegos risks

Credit Suisse exercised a “persistent failure” to manage and remediate risks associated with Archegos Capital before its eventual collapse, according to an independent investigation conducted by Paul Weiss Rifkind Wharton & Garrison.

02 August 2021

Gazprombank challenges DTEK’s English schemes

The Swiss branch of Russia’s Gazprombank has told an English court that one of Ukrainian coal miner DTEK’s English schemes does not have a “real prospect” of being recognised in key foreign jurisdictions following Brexit.

13 May 2021

Maltese oil company’s ex-directors face English injunction application

The English liquidators of a Malta-registered oil company have asked a London court to stop two former directors from purporting to act on its behalf in Swiss proceedings - but they may face questions over the court’s jurisdiction.

07 May 2021

Former parent’s Chapter 11 plan approved for spun-off group

A Switzerland-headquartered automotive parts supplier that entered Chapter 11 in the midst of hostile litigation over asbestos liabilities inherited from its former US parent will now be restructured through a consensual plan designed by that parent, in a case described as “a great example of what Chapter 11 can accomplish, even for a company with its centre of gravity outside of the US”.

23 April 2021

Hogan Lovells leads on €4.5 billion restructuring of French hotel operator

A long list of law and advisory firms have helped international hotel operator AccorInvest Group secure additional financing and complete a multi-jurisdictional restructuring of its €4.5 billion debt pile.

07 April 2021

Gategroup plan sanction reasons handed down

Mr Justice Zacaroli has issued his reasons for sanctioning gategroup’s UK restructuring plan, in the face of an “artificial” forum shopping structure and questions over whether English law could vary rights between non-assenting creditors and foreign third parties.

31 March 2021

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