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    Schemes of Arrangement Under The Insolvency, Restructuring And Dissolution Act
    2020-08-12

    On 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) came into operation. The IRDA is an omnibus legislation housing all of Singapore’s insolvency and restructuring laws in one single piece of legislation.

    The general framework of the IRDA has been discussed in the first article in our series of articles covering the various aspects of IRDA and can be found here.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Junxiang Koh , Prakash Pillai
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    COVID-19 UK: Prospective changes to insolvency law (England and Wales)
    2020-04-02

    The Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma, has announced that the government will be introducing a number of changes to the insolvency regime in England & Wales as part of its response to the COVID-19 outbreak.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Coronavirus, UK House of Commons
    Authors:
    Andrew Foster , Duncan Lockhart
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    A boost to enforcing debt claims in the UAE
    2019-03-18

    Recent amendments to the UAE Civil Procedure Code (CPC) are aimed at modernising and enhancing the litigation process in the UAE Courts. This includes simplifying and expediting the process for a creditor to obtain an enforceable judgment on admitted debt claims as a "Payment Order". Clyde & Co reports here on this welcome development and a very recent success with such a claim under the new regime.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Keith Hutchison
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    Protecting your lien on sub-freight and sub-hire - practical guidance
    2017-12-07

    The vast majority of charter parties will include in their terms a lien clause which confers on the owner a lien over sub-freight (and sometimes sub-hire), for any amounts due to the owner under the head charter party. If the owner exercises his lien, sums which would otherwise be payable by the sub-charterer to the charterer under the sub-charter party, should instead become directly payable to the owner.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Hanjin Shipping rehabilitation - changes to the rehabilitation timetable
    2016-11-17

    It has been just over two months since one of South Korea's largest shipowners and operators, Hanjin Shipping Co Ltd (“Hanjin”), applied for court rehabilitation. On 1 September 2016, the Bankruptcy Division 6 of the Seoul Central District Court (the “court”) issued a decision accepting that application and commencing rehabilitation proceedings.

    Filed under:
    South Korea, USA, Insolvency & Restructuring, Shipping & Transport, Clyde & Co LLP
    Authors:
    Ik Wei Chong
    Location:
    South Korea, USA
    Firm:
    Clyde & Co LLP
    Hanjin Shipping rehabilitation - what you need to know
    2016-09-01

    As you may be aware, one of South Korea's largest shipowners, Hanjin Shipping Co Ltd (“Hanjin”), has applied for court rehabilitation in Korea. On 1 September 2016 the Seoul Central District Court (Bankruptcy Division 6) issued a decision accepting that application and commencing rehabilitation proceedings.

    Based on our experience in dealing with recent rehabilitations involving the Korean shipping industry and working closely with Korean lawyers, we set out below a few guidance points.

    What is a Korean Court Rehabilitation?

    Filed under:
    South Korea, Insolvency & Restructuring, Shipping & Transport, Clyde & Co LLP
    Authors:
    Ik Wei Chong , Leon Alexander
    Location:
    South Korea
    Firm:
    Clyde & Co LLP
    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

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