3月9日，最高人民法院院长周强在第十三届全国人大一次会议第二次全体会议上作最高人民法院工作报告，重点提及25个在过去五年中具有全国代表性并深具行业参考意义的大案要案，金杜代理的 “重庆钢铁破产重整案”、“东北特钢破产重整案”和“华为诉美国交互数字公司滥用市场支配地位案” 入选报告重点典型案件。

“东北特钢破产重整案：东北特钢重整之后两个月实现扭亏为盈，开启了民营控股的混合所有制运营新模式，为辽宁的国企改革提供了新路径。”

东北特钢破产重整案是近年来破产重整领域内出现的债务总额最高的案件之一，受到社会各方的高度关注。重整计划综合运用留债、一次性现金清偿、债转股等手段，妥善处理了逾七百亿元的债务问题。重整期间尊重当事方的意愿，运用市场的机制和手段，通过公开、公平、公正的程序遴选了重整投资人，得到了债权人的普遍认可。该案具有诸多创新之举，在重整投资人引进、关联公司整体重整、债权清偿方案设计、债转股等方面都进行了创新，为破产重整实践、立法完善和理论研究提供了成功的案例。

A paradigm shift is underway in Australian corporate restructuring.

Bold reforms are already in force which have changed the landscape for companies, their directors, creditors and other stakeholders.

From 1 July 2018, termination and other rights against companies in administration and other restructuring-related procedures will be unenforceable under the ipso facto reform.

Regulations are expected to have significant effect on the scope of the stay – these regulations are yet to be published.

Since the decision of the Supreme Court of New South Wales in Re Independent [2016] NSWSC 106, there has been doubt about whether receivers and liquidators should apply the statutory priorities afforded to employee entitlements in sections 433, 561 and 556 of the Corporations Act 2001 (Cth) (Act) when distributing the assets of companies who have conducted their businesses as trusts.

In January 2018, the Aviation Working Group (“AWG”)1 as part of its review of closing opinion practice, released a revised Form of Cape Town Convention Closing Opinion. The aim of the review was to provide further guidance and consistency in the approach legal practitioners adopt in respect of Cape Town and the State of Registry Jurisdiction.

The AWG was founded in 1994, with stated aims of contributing to the development and acceptance of policies and laws that:

• facilitate advanced international aviation financing and leasing, and

In a significant decision for the insurance industry, the Federal Court of Australia has granted leave to shareholders to bring a direct action against a company’s insurers where the (insured) company was in liquidation. This is one of the earliest cases to make use of the new Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (Third Party Claim Act), and provides some useful guidance for the industry on how this new legislation will be applied.

The decision impacts plaintiff lawyers, policyholders and insurers alike. Importantly:

Mission Product Holdings, Inc. v. Tempnology, LLC, Case No. 16-9016 (1st Cir., Jan. 12, 2018) (Kayatta, J) (Torruella, J, concurring in part, dissenting in part).

ISSUE 3 2017 FOCUS ON Brexit & the US Administration IN International News The Best Option for Dispute Resolution Brexit and the Free Flow of Data What to Expect from Trump’s FTC and DOJ in Terms of Merger Policy 2 International News EDITOR Andrea Hamilton Partner Brussels +32 2 282 35 15 [email protected] PUBLICATION EDITORS Aileen Devlin Kate Hinze CREATIVE SERVICES Jane Hanlon Cali Stefanos TABLE OF CONTENTS 3 Cross Border M&A: The Impact of Brexit, the Trump Ad

上一篇我们谈到诉讼主体的确定问题，本文将从担保的视角对债券持有人的权利救济予以分析。

保证人单方出具《保证函》的效力

In the event of a contractual counterparty going into liquidation, whether or not a trade counterparty may claim set-off against debts owed to the insolvent counterparty can dramatically affect the commercial position of the account debtor. This was recently highlighted in the decision of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (In Liquidation) (Receivers and Managers appointed) [2017] WASC (2 June 2017).

What does this mean for you?

On 28 March 2017, the Turnbull Government released draft legislation which would implement wide-ranging reforms to Australia’s corporate restructuring laws. The draft legislation focuses on reforms to the insolvent trading prohibition (Safe Harbour) and introducing a new stay on enforcing “ipso facto” clauses during certain restructuring procedures (Ipso Facto).