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TOPICAL UPDATES : TO IP AND BEYOND

SNAPSHOTS

KERALA HIGH COURT

SREEKUMAR AV V. STATE OF KERALA & ANR.                

Investors or companies may, as part of their wider investment thesis or business plan, make distressed asset purchases to strategically acquire assets which they may otherwise not be able to conveniently or affordably obtain. While the face value of the asset purchased may be lower than that acquired in a “solvent” transaction, purchasers should be aware that such acquisitions carry a heavy tail liability risk, which may take the form of a potential clawback as a transaction at an undervalue.

Indonesia’s growing economy offers a wealth of opportunities for foreign investors. Nonetheless, as in any jurisdiction, investors should obtain proper advice before entering commercial engagements with local counterparties.

Introduction

The intersection of the arbitration and insolvency regimes has once again come under judicial scrutiny. In Aryan (SEA) Private Limited v Pure Group (Singapore) Pte Ltd [2025] SGHC 99 (Aryan), the General Division of the High Court of Singapore (GD) considered whether an application to restrain a winding-up petition raised a dispute that prima facie fell within the scope of an arbitration agreement, or whether the application amounted to an abuse of process.

U.K. Turnaround and Restructuring update June 2025 Since our February update, we have seen geopolitical developments and rapidly evolving trade policies come to the fore, creating a level of uncertainty that is likely to persist for the remainder of the year and define companies’ strategic activities as a result.

The Insolvency and Bankruptcy Board of India (“IBBI”) recently notified the IBBI (Insolvency Resolution Process for Corporate Persons) (Third Amendment) Regulations, 2025 dated May 19, 2025 and the IBBI (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2025 dated May 26, 2025 (collectively referred as “Amendment Regulations”), amending certain key provisions under the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”).