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    Insolvency Series 2016: Counterparty Insolvency
    2016-04-27

    Overview

    The IMF, in a January 2016 update to its World Economic Outlook, revised its global growth projections for 2016 and 2017 down by 0.2%, citing a decline in emerging markets' growth and lower prices for energy and other commodities.[1]

    With the trough in the global economy set to continue, there is unlikely to be any respite for the marine and trade industries, where counterparty insolvency will become more prevalent. 

    Filed under:
    Singapore, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Emerging markets
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore, United Kingdom
    Firm:
    Clyde & Co LLP
    Insurance intermediary insolvency: a CASS Act
    2015-06-09

    In addition to the general insolvency measures found in the Insolvency Act 1986, insurance intermediaries are subject to specific client money rules, which have a particular effect if they become insolvent. Though in the context of investment firms rather than the insurance sector, the recent UK Supreme Court case of Lehman Brothers International (Europe) (in administration) v CRC Credit Fund and ors [2012] UKSC 6 (LBIE) is a useful decision against which to consider the application of many of these client money rules.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Reinsurance, Insolvency Act 1986 (UK), UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Basics of US Restructurings of Troubled Companies for Non-US Parties
    2020-07-30

    As the COVID-19 pandemic continues to cause significant disruptions in the US and global economy, it is likely that US companies experiencing financial difficulties will seek to restructure their debts and other obligations. In anticipation of such restructurings, this article provides a brief overview of voluntary restructurings in the US for non-US parties with investments in or commercial relationships with US companies.

    Filed under:
    USA, Insolvency & Restructuring, Clyde & Co LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Vikram Sidhu
    Location:
    USA
    Firm:
    Clyde & Co LLP
    COVID-19 Insolvency: APAC Guide to Directors’ Duties and Insolvent Trading
    2020-04-02

    The COVID-19 pandemic has placed immense strain across the whole of the economy and raises the issue of how company directors should balance their obligations to shareholders and creditors while ensuring that they protect themselves from any personal liability.

    Companies and their directors in the following sectors of the economy face difficult decisions:

    Filed under:
    Australia, Hong Kong, Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Coronavirus
    Authors:
    Prakash Pillai
    Location:
    Australia, Hong Kong, Singapore
    Firm:
    Clyde & Co LLP
    Spate of corporate insolvencies will put directors and officers under scrutiny in 2019
    2018-12-17

    Greatest focus will be on retail and outsourcing sectors.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Levelling the costs playing field
    2017-12-06

    The Court of Appeal overturns the High Court decision concerning an ATE insurance policy lacking anti-avoidance provisions as adequate security for costs.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Clyde & Co LLP, Court of Appeal (England and Wales)
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    New UAE Insolvency Law - what you need to know
    2016-10-31

    The UAE government has issued Federal Decree Law No. 9 of 2016 on Bankruptcy (the New Law). The New Law was published in the Official Gazette with a publication date of 29 September 2016 and will come into force three months later on 29 December 2016.

    Key Points

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Clyde & Co LLP
    Authors:
    Adrian Low
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Global oil price volatility ‘legal tips’ - buying oil & gas assets from insolvent companies
    2016-08-04

    For companies with an appetite for strategic business growth rather than divestment, buying assets from insolvent companies is a particular avenue of opportunity. For example, in the current market, there may be opportunities to purchase oil & gas assets from companies that have not been able to survive the prolonged low oil price. Corporate Partner, Philip Mace, provides his top 'legal tips' for purchasing assets from, in this example, an English administrator of a company.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Kanev-Lipinski v Lipinski: Freezing orders and the lack of evidence of dissipation
    2016-03-14

    http://www.bailii.org/ew/cases/EWHC/QB/2016/475.html

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Can a company be wound up in Hong Kong if the relevant contract contains an arbitration clause?
    2015-06-04

    Given the nature of their businesses, shipping companies may be involved as respondents in arbitration proceedings in different jurisdictions. As arbitrations tend to be lengthy procedures, a claimant to such proceedings may want to explore whether there are any quicker routes they can take to recover their losses. One such option they might consider is bringing a winding up petition against the company.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Arbitration clause, Liquidation
    Authors:
    Matthew Lam
    Location:
    Hong Kong
    Firm:
    Clyde & Co LLP

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