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    Legal alert on the draft of the amended law on bankruptcy
    <br>
    2025-02-18

    On 4 February 2025, the latest Draft of the Amended Law on Bankruptcy (“Draft”) was published by the People’s Supreme Court (“SPC”) for public comments. The Draft is prepared to supersede the current Law on Law on Bankruptcy No. 51/2014/QH13 dated 19 June 2014 (“Bankruptcy Law 2014”) and introduces several significant changes that may impact the bankruptcy procedures based on the implementation of the Bankruptcy Law 2014 from its effective date until now.

    Filed under:
    Vietnam, Insolvency & Restructuring, Litigation, Duane Morris LLP, Mediation, Force majeure, Insolvency
    Authors:
    Dr. Oliver Massmann
    Location:
    Vietnam
    Firm:
    Duane Morris LLP
    IET’s new revision 7 of the Model Form of Contract (MF/1): What has changed?
    2024-07-19

    10 years after the publication of Revision 6 (2014 edition) of the Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant (MF/1), the Institution of Engineering and Technology (IET) has released Revision 7 (2024 edition), shortly followed by an erratum containing a summary of corrections.

    Regular users of the MF/1 may be comforted to know that the risk profile of the contract has not changed though the door has been opened to extending the duration of liability for latent defects, as discussed below.

    Filed under:
    United Kingdom, Company & Commercial, Construction, Employment & Labor, Insolvency & Restructuring, Charles Russell Speechlys, Modern slavery, Force majeure, Bribery Act 2010 (UK), Modern Slavery Act 2015 (UK), Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Melanie Tomlin , Joseph Bearman
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Commodities Case Update, July 2023
    2023-07-05

    COMMODITIES CASE UPDATE JULY 2023 HFW COMMODITIES CASE UPDATE JULY 2023 We are delighted to present the July 2023 edition of the Commodities Case Update, with a summary of 12 key recent cases relevant to the commodities sector. With a market leading commodities team, we have over 100 lawyers who provide a full service internationally. The group is led by a team of over 25 partners, who are based in all our offices around the world, including in the major trading hubs of London, Paris, Geneva, Dubai, Singapore, Hong Kong and Sydney.

    Filed under:
    Global, United Kingdom, Company & Commercial, Insolvency & Restructuring, Law Firm Management, Legal Practice, Litigation, Trade & Customs, HFW, Force majeure, Limitation Act 1980 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Global, United Kingdom
    Firm:
    HFW
    What to expect in the European restructuring market in 2023
    2023-03-24

    Mark Fine, Aymen Mahmoud and Sunay Radia, McDermott Will & Emery

    This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Global Restructuring Review, Supply chain, Liquidation, EBITDA, Force majeure, Prudential Regulation Authority (UK)
    Location:
    European Union
    Firm:
    Global Restructuring Review
    High-level overview of managers' responsibilities in times of financial distress
    2023-01-31

    Background to this overview

    The below overview is deemed to be a high-level overview providing the general outlines of the legal Luxembourg framework applicable to the members of the management board in private limited liability companies (sociétés à responsabilité limitée) (an “SARL”) in times of financial distress.

    Filed under:
    Luxembourg, Insolvency & Restructuring, Litigation, Ashurst, Due diligence, State aid, Force majeure
    Authors:
    Isabelle Lentz , Paul Witte
    Location:
    Luxembourg
    Firm:
    Ashurst
    Quick bites: finance agreements in times of crisis
    2022-12-14

    Click here to watch the video

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Osborne Clarke, Supply chain, Force majeure, Coronavirus, Capital Requirements Regulation (2013/575/EU)
    Authors:
    Olexiy Oleshchuk , Arsen Dutka , Irina Kharag
    Location:
    Germany
    Firm:
    Osborne Clarke
    Dispute Resolution round-up - October 2022
    2022-10-13

    Welcome to the eighth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Environment & Climate Change, Insolvency & Restructuring, Law Firm Management, Legal Practice, Litigation, Public, Travers Smith LLP, Corporate governance, Brexit, Blockchain, Mediation, Cryptocurrency, Force majeure, ESG, Non-fungible tokens, European Commission, Competition and Markets Authority (UK), House of Lords, HSBC, Pfizer, Arbitration Act 1996 (UK), Limitation Act 1980 (UK), Competition Act 1998 (UK), UK Supreme Court
    Authors:
    Rob Fell
    Location:
    European Union, United Kingdom
    Firm:
    Travers Smith LLP
    Commodities Bulletin, October 2022
    2022-10-07

    Welcome to the October 2022 edition of the HFW Commodities bulletin.

    In this extended edition, a number of our partners from across the globe have taken time to reflect on the profound impact of the Russian invasion of Ukraine on the commodities sector. It includes contributions from our offices in Australia, Geneva, London and Singapore, with articles on energy and food security, sanctions, insolvency, regulation, the energy transition and force majeure.

    On the back page, you will find details of the latest news and where you can meet the team next.

    Filed under:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA, Company & Commercial, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Product Regulation & Liability, Trade & Customs, HFW, Supply chain, Mediation, Due diligence, Carbon neutrality, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England, Foreign Corrupt Practices Act 1977 (USA)
    Authors:
    DAN PERERA , Justine Barthe-Dejean , Barry Vitou , Kate Fisher , Surekha Sujith , Alistair Feeney , Brian Perrott , Ranjani Sundar , Jo Garland , Sarah Hunt , Hermance Schaerlig , Adam Richardson , Suzanne Meiklejohn
    Location:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA
    Firm:
    HFW
    Recent Restructuring Reforms in the Region: Mexico
    2022-08-26

    Thomas S Heather and Christian Dorantes Picazo, Creel Garcia-Cuéllar, Aiza y Enríquez SC

    This is an extract from the second edition of The Guide to Restructuring published by Latin Lawyer. The whole publication is available here.

    Filed under:
    Mexico, Insolvency & Restructuring, Latin Lawyer, Force majeure, Coronavirus
    Location:
    Mexico
    Firm:
    Latin Lawyer
    Buyer Beware - No Escape for Successful Resolution Applicants
    2022-06-16

    The Indian Supreme Court holds in Ebix[1] that once a Resolution Plan has been approved by the Committee of Creditors (CoC),it cannot be withdrawn by the Successful Resolution Applicant(“SRA”). It comes to this conclusion by holding that principle applicable under common law or the contract act, viz frustration or force majeure, are not available to the SRA under the Insolvency and Bankruptcy Code (“Code”) regime.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Trilegal, Due diligence, Force majeure, Supreme Court of India
    Authors:
    Ketan Gaur
    Location:
    India
    Firm:
    Trilegal

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