Another Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426, may have gone too far when it suggested that an arbitration clause in an agreement should generally take precedence over a creditor's right to present a winding-up petition.
Overview of mergers and acquisitions (M&A) market in Singapore
Singapore was one of the first countries outside of China to encounter the virus. Whilst deal activity was down on the prior year, M&A transactions were still happening with sectors such as e-commerce and renewable energy appearing attractive. The impact on M&A activity for the second quarter of 2020 isn't clear at present but restricted mobility will certainly impact transactions, with site visits being all but impossible.
Hogan Lovells Publications | 20 April 2020
An outlook: the rise of distressed infra M&A
The current economic downturn is expected to bring about a growing niche of investment opportunities in distressed infrastructure and energy assets and businesses.
Wenn es eilt, bietet die ZPO Mittel und Wege, schnell ans Ziel zu kommen. Der Eilrechtsschutz ist in der COVID-19-Pandemie daher stark im Fokus. Es stellen sich Fragen wie „, Können die Gerichte helfen, die Lieferkette zu stützen?, Wie lässt sich ein Eilverfahren derzeit praktisch durchführen?, Ist durch ‚Corona‘ jetzt alles dringlich?“. Dieser Beitrag unserer Reihe „Coronavirus & Zivilprozess“ verschafft einen Überblick.
Überblick: Eilrechtsschutz mittels Arrest und einstweiliger Verfügung
The Australian Government has introduced new laws which are intended to avoid unnecessary corporate insolvencies in light of the challenges presented by the unfolding COVID-19 global pandemic. The new laws came into effect on 25 March 2020 and include:
The Italian Government has enacted Law Decree no. 23/2020, which was published in the Official Journal on April 8, 2020 and entered into force starting from April 9, 2020 (the "Decree"), introducing various new measures aimed, inter alia, at supporting companies affected financially by COVID-19 outbreak and shutdown in Italy. This newsflash outlines the measures rescheduling the entry into force of the Insolvency law regime and relaxing certain corporate law requirements, and looks at which companies will be eligible to take advantage of the new provisions.
All insolvency proceedings (bankruptcy, and compulsory settlement) and court-sponsored financial restructurings (preventivna prestrukturiranja) in Slovenia are on hold until the recall of the COVID-19 epidemic (proceedings are currently expected to be on hold until 1 July 2020) (the "Recall"). During this time courts will not conduct the above-mentioned proceedings and no procedural and material deadlines will run.
Barely any region, sector or business remains unaffected by the exponentially growing pandemic. Stock market values, and thus also valuations for private companies, are plummeting due to the existing uncertainties.
Against this background, the question arises of how to deal with signed share or asset purchase agreements, if closing is still imminent. From the buyer's point of view, a valuation from the time before the COVID 19 crisis may now appear very expensive. The pandemic may trigger not only contractual provisions but also various legal remedies.
Hogan Lovells Publications | 07 April 2020
Introduction of financial measures in support of businesses facing the Covid-19 crisis
Faced with the impact of the Covid-19 health crisis on the local and European economy, the President of the French Republic and the government announced several emergency measures in order to support businesses in difficulty.
Die enormen wirtschaftlichen Auswirkungen der weltweiten COVID-19-Pandemie haben die deutsche Wirtschaft massiv getroffen. Für viele Branchen hat sich das Geschäftsklima erheblich verschlechtert.