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    Federal Court of Australia Upholds India’s State Immunity Claim, Narrowing Scope of Enforcement Under the New York Convention
    2025-06-30

    Introduction

    Filed under:
    Australia, Canada, Hong Kong, India, Singapore, United Kingdom, USA, England, Banking, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporate governance, Bankruptcy, Dispute resolution, Financial services, Corporations Act 2001 (Australia), International Arbitration Act 1974 (Australia), Federal Court of Australia
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, India, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Navigating Construction Industry Insolvency: Red Flags and Precautionary Measures
    2025-06-18

    Introduction

    In this first instalment of our insights series on construction insolvency, Ironbridge Legal outlines key red flags to look for and practical steps to manage counterparty risk.

    An Industry at Risk - With Contagion Potential

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporate governance, Bankruptcy, Dispute resolution, Directors' duties, Financial services, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane , Jacqueline Ma
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Directors Have a Duty to Prevent Insolvent Trading: Understanding ASIC’s Updated Guidance
    2025-06-11

    Introduction

    In December 2024, Australian Securities and Investments Commission (ASIC) released an updated version of Regulatory Guide RG 217. The guidance is designed to assist directors in complying with their duty to prevent insolvent trading. It sets out four key principles for directors to avoid insolvent trading, explains the safe harbour defence (which offers protection from personal liability), and clarifies ASIC’s approach to assessing breaches of duty and the application of the safe harbour defence.

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Corporate governance, Dispute resolution, Compliance, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Evaluation of the Reorganization Value of Delisted Companies
    2025-06-05

    This article combines the theoretical analysis and practical experience of the bankruptcy reorganization case of five companies, including Harbin Gongda High-tech Industrial Development Co., Ltd..undertaken by Lawyer Nafisa Nihmat's team in 2023, one of the “national bankruptcy classic cases” in 2023, and approximately 50 delisted companies in recent years. It discusses the unique reorganization value, reorganization paths, and common controversial and difficult issues in the practice of delisted companies under Chinese law.

    I. Introduction

    Filed under:
    China, Insolvency & Restructuring, Zhong Lun Law Firm, Corporate governance, Due diligence, China Securities Regulatory Commission
    Authors:
    Nafisa Nihmat
    Location:
    China
    Firm:
    Zhong Lun Law Firm
    General Newsletter, May 2025
    2025-05-08

    1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Compliance Management, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, White Collar Crime, DSK Legal, Corporate governance, Know your customer, Blockchain, Advertising, Fintech, Due diligence, Non-disclosure agreement, Tariffs, ESG, Litigation funding, Gaming, Cybersecurity, Anti-money laundering, Data privacy, Esports, Reserve Bank of India, Securities and Exchange Board of India, Unilever, Singapore International Arbitration Centre, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), Rights of Persons with Disabilities Act 2016 (India), Supreme Court of India, Court of Arbitration for Sport
    Location:
    India
    Firm:
    DSK Legal
    European Restructuring: 2024 in review and outlook for 2025
    2025-01-14

    Market overview

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Corporate governance, Carillion
    Authors:
    Gregory M. Petrick , Bevis Metcalfe , Thomas Curtin
    Location:
    European Union
    Firm:
    Cadwalader Wickersham & Taft LLP
    English Insolvency Service Drops Case Against Carillion Directors: What Does It Mean For Director Liability?
    2025-01-06

    The role and duties of company directors are well established in English law through the Companies Act and case law. These principles are widely applied in many jurisdictions, including the Bahamas, where UK cases about directors’ liability and related issues carry considerable weight.

    Filed under:
    Bahamas, United Kingdom, Company & Commercial, Compliance Management, Insolvency & Restructuring, ParrisWhittaker, Corporate governance, Insolvency Service (UK), Companies Act 2006 (UK)
    Authors:
    Jacy Whittaker , A. Kenra Parris-Whittaker
    Location:
    Bahamas, United Kingdom
    Firm:
    ParrisWhittaker
    Recent developments in directors’ liability in the UAE and England & Wales
    2024-09-09

    In this article, James Hyne and Nicola Jackson, Partners in Charles Russell Speechlys’ Corporate Restructuring and Insolvency team, based in the

    Filed under:
    United Arab Emirates, United Kingdom, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Corporate governance, Liquidation, Insolvency, Companies Act 2006 (UK)
    Authors:
    James Hyne , Nicola Jackson
    Location:
    United Arab Emirates, United Kingdom
    Firm:
    Charles Russell Speechlys
    Russia sanctions: the meaning of control and applicability to trustees in bankruptcy and directors' duties
    2024-08-29

    It is essential that any UK individual or entity doing business, managing funds/other economic resources, or providing financing or professional services, keeps abreast of the current UK Russian sanctions regime, which is chiefly set out in the Russia (Sanctions) (EU Exit) Regulations 2019 (the "Regulations"). The question of how the Regulations might apply to those with fiduciary duties – either as trustees or as directors – has been considered in two recent High Court cases.

    Filed under:
    Russia, United Kingdom, Compliance Management, Insolvency & Restructuring, Litigation, Tax, Trade & Customs, Mishcon de Reya LLP, Corporate governance, Due diligence, HM Revenue and Customs (UK), Office of Financial Sanctions Implementation (UK)
    Authors:
    Maggie Christiansen , Lily Munro , Shaistah Akhtar
    Location:
    Russia, United Kingdom
    Firm:
    Mishcon de Reya LLP
    Third Circuit: Bankruptcy Court Lacks Discretion to Deny Examiner Appointment Motion in Large Chapter 11 Cases
    2024-03-26

    The Bankruptcy Code provides that, in chapter 11 cases where the court does not find "cause" for the appointment of a trustee, the court "shall" appoint an examiner, upon a request from the Office of the U.S. Trustee (the "UST") or any party-in-interest prior to confirmation of a chapter 11 plan. The examiner's role is to investigate the debtor's affairs or allegations of management misconduct, if either: (i) the court determines that the appointment would be in the best interests of stakeholders and the estate; or (ii) the debtor has qualifying unsecured debt exceeding $5 million.

    Filed under:
    USA, Compliance Management, Insolvency & Restructuring, Litigation, Jones Day, Corporate governance, Cryptocurrency, Confidential information, European Securities and Markets Authority, Supreme Court of the United States
    Authors:
    Oliver S. Zeltner
    Location:
    USA
    Firm:
    Jones Day

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