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David Wallace and Jack Isaacs, Latham & Watkins LLP

This is an extract from the third edition of GRR's The Art of the Ad Hoc. The whole publication is available here.

Introduction

The Supreme Court’s decision in BTI v Sequana & Others represents the most significant ruling on the duties of directors of distressed companies of the past 30 years.

This Supreme Court decision considers the balancing exercise which directors are required to carry out between the respective interests of creditors and shareholders when a company is in financial distress.

This note summarises the key points from the ruling and the practical effect of this decision.

How do you improve the image of company voluntary arrangements? Start by reforming the voting rules.

The U.S. is one of the easiest jurisdictions in the world in which to do business. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent. However, there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the U.S.

Mani Gupta, Aman Choudhary and Saumya Upadhyay, Sarthak Advocates & Solicitors

This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

Heidi Chui, Stevenson, Wong & Co

This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

Look Chan Ho, Des Voeux Chambers

This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

Insolvency law, by nature, flourishes in difficult times. Just like last year, restructuring and insolvency activity in 2022 continues to flourish all over the world, together with rapid insolvency law reform.

Hajime Ueno, Masaru Shibahara and Hiroki Nakamura, Nishimura & Asahi

This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

Nuo Ji, Lingqi Wang, Jessica Li and Sylvia Zhang, Fangda Partners

This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

Rabindra S Nathan, Shearn Delamore & Co

This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

In summary