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    Key covid-19 considerations for your business - An update on our multi-jurisdictional overview
    2020-08-04

    Both COVID-19 itself and the severe financial impact the virus and associated lockdown has had on the UK economy, have led not only to a large number of UK businesses re-examining the contractual terms on which they do business but also to a spike in disputes. Some matters which have been prominent in current disputes, and which are therefore key considerations for business both in looking at their existing contracts and planning for the future, include the following: • What termination provisions do they have in their contracts?

    Filed under:
    Global, United Kingdom, Company & Commercial, Insolvency & Restructuring, Gowling WLG, Corporate governance, Force majeure, Coronavirus
    Location:
    Global, United Kingdom
    Firm:
    Gowling WLG
    How dispute finance can help distressed energy companies around the globe: Focus on Europe and the Middle East
    2020-08-04

    In the last installment of this 3-part series, Oscar van Rossum du Chattel, a Senior Case Intelligence Manager based in Omni Bridgeway’s Geneva office, and Jonathan Siklos, a Senior Case Intelligence Manager bas

    Filed under:
    European Union, Kuwait, Middle East, Oman, Qatar, Saudi Arabia, United Arab Emirates, Energy & Natural Resources, Insolvency & Restructuring, Projects & Procurement, Omni Bridgeway, Fracking, Force majeure, Coronavirus, Office of Foreign Assets Control (USA)
    Authors:
    Oscar van Rossum du Chattel , Jonathan Siklos
    Location:
    European Union, Kuwait, Middle East, Oman, Qatar, Saudi Arabia, United Arab Emirates
    Firm:
    Omni Bridgeway
    How dispute finance can help distressed energy companies around the globe: focus on Australia and Southeast Asia
    2020-07-30

    In part 2 of this 3-part series, Omni Bridgeway turns to Nathan Landis, an Investment Manager based in our Perth office, Shane Taylor, a Business Development Director based in our Sydney office,

    Filed under:
    Australia, Indonesia, Malaysia, Thailand, Energy & Natural Resources, Insolvency & Restructuring, Legal Tech, Litigation, Projects & Procurement, Omni Bridgeway, Renewable energy, Force majeure, Coronavirus
    Authors:
    Nathan Landis , Shane Taylor , Marjolein van den Bosch-Broeren , Chee Chong Lau
    Location:
    Australia, Indonesia, Malaysia, Thailand
    Firm:
    Omni Bridgeway
    India in the spotlight - July 2020
    2020-07-28

    Court closures

    India was in complete lockdown from 24 March until 31 May, a situation that inevitably impacted the functioning of Indian courts. Even though most implemented measures to conduct virtual hearings, these hearings have been limited to only the most urgent cases. Once courts return to business as usual, they are likely to receive a surge in filings, which will increase the backlog in a country that already has 30 million pending cases.

    Filed under:
    India, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Fintech, Force majeure, Coronavirus
    Authors:
    Piusha Bose
    Location:
    India
    Firm:
    Freshfields Bruckhaus Deringer
    Bargain M&A deals in COVID19 - a guide for CHINESE odi investors
    2020-07-20

    In preparation for a post COVID-19 world, Chinese outbound investors have begun to source for bargain deals in other countries, with markets characterised by corporate restructurings, low prices, depressed valuations, distressed assets, and fire sales. In this article, we briefly set out some suggestions for Chinese outbound investors when entering into bargain M&A deals in this unprecedented M&A landscape.

    Filed under:
    China, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Due diligence, Force majeure, Coronavirus
    Authors:
    Yong Kaichang
    Location:
    China
    Firm:
    King & Wood Mallesons
    Litigation in the Time of Covid-19
    2020-07-17

    The e-book “Litigation in the Time of Covid-19: Legal issues in commerce, finance and insolvency” analyses the key issues arising out of the coronavirus pandemic, as well as the latest legal developments, in seven areas: contract, corporate insolvency, personal insolvency, company law (including directors’ duties), civil procedure, banking and financial services, and offshore litigation. It is organised in a question and answer format and addresses issues such as:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, 4 Stone Buildings, Force majeure, Coronavirus
    Location:
    United Kingdom
    Firm:
    4 Stone Buildings
    Aviation News Issue 1 | Summer 2020
    2020-07-15

    EDITORIAL by John Kimbell QC

    Welcome to the first edition of Aviation News!

    These are challenging and uncertain times for the aviation world. Covid-19 has temporarily grounded large numbers of commercial aircraft and rumours of airline insolvency abound as pictures of empty airports regularly appear in the press. Against this background, Thomas Macey-Dare QC considers the impact of airline insolvency on slot allocation and Mark Stiggelbout and Emily McWilliams discuss the potential impact of force majeure and frustration arguments based on the pandemic.

    Filed under:
    European Union, United Kingdom, Aviation, Insolvency & Restructuring, Litigation, Quadrant Chambers, Brexit, Force majeure, Coronavirus, Australian Consumer Law, High Court of Justice (England & Wales)
    Location:
    European Union, United Kingdom
    Firm:
    Quadrant Chambers
    Check list of legal requirements of derivatives market in Italy.
    2020-07-10

    1. Incorporation, corporate power, capacity and authorization of an Italian company

    In connection with the capacity and authorization of an Italian company to enter into ISDA or GMRA master agreements, a Italian lawyer must check and control the copies of the accessible and public records of the company, the Registration Statement, the Company Statute and the Company bylaws, with regard to the prospective negotiation of any new Master netting Agreement.

    This examination of available documentation is necessary and opportune in order to verify

    Filed under:
    Italy, Company & Commercial, Derivatives, Insolvency & Restructuring, SMAF & Associati, Force majeure, Coronavirus
    Location:
    Italy
    Firm:
    SMAF & Associati
    Recent Rulings Could Signal Greater Protection for Tenants With Bankruptcy Issues Due to COVID-19
    2020-07-13

    Bankruptcy presents challenges for both landlords and tenants. However, tenants are often better protected during a bankruptcy case. And as some of the first big bankruptcy cases in the COVID-19 era show, protections for tenants could be expanding.

    Tenants in bankruptcy have the following shields from lease obligations:

    Forgiveness from termination provisions

    Termination provisions in a lease cannot be enforced once tenants file for bankruptcy.

    Freedom to assume and assign the lease

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Phelps Dunbar LLP, Force majeure, Coronavirus
    Authors:
    Danielle Mashburn-Myrick , Patrick "Rick" M. Shelby
    Location:
    USA
    Firm:
    Phelps Dunbar LLP
    An Act of God, or Another Failing Restaurant? Illinois Bankruptcy Court Rules on Force Majeure Clause in the Wake of COVID-19 Shutdown Order
    2020-07-07

    The ongoing COVID-19 pandemic has raised pressing questions about how a force majeure provision in a lease will affect a tenant's obligation to pay rent.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, Force majeure, Coronavirus
    Location:
    USA
    Firm:
    Mayer Brown

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