Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    NCLAT: IPR Constitutes Operational Debt Under IBC
    2022-09-16

    In a recent order passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”) in Somesh Choudhary v Knight Riders Sports Private Limited & Anr. under Company Appeal (AT) Insolvency No.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Rahul Chakraborti , Nikhila Dewasthale , Saumya Agarwal
    Location:
    India
    Firm:
    Khaitan & Co
    Court of Appeal summaries (September 12, 2022 - September 16, 2022)
    2022-09-17

    Good afternoon.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of September 12, 2022.

    In Optiva Inc. v. Tbaytel, the Court dismissed the appeal from an arbitrator’s decision granting summary judgment. The arbitrator had the authority to proceed by summary judgment motion, as the arbitration agreement gave the arbitrator broad powers to determine the procedure to be employed.

    Filed under:
    Canada, Ontario, Arbitration & ADR, Family, Insolvency & Restructuring, Litigation, Real Estate, Blaney McMurtry LLP, Bankruptcy, Due diligence, Insolvency, Court of Appeal for Ontario
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    'Re-presentation' of appeal is not fresh filing
    2022-09-14

    Under the Insolvency and Bankruptcy Code, 2016 (Code) and under the Companies Act, 2013 (Act), an order of the National Company Law Tribunal (NCLT) can be appealed before the National Company Law Appellate Tribunal (NCLAT). The time-period for filing such an appeal is maximum of 45 days under the Code and 90 days under the Act.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Acuity Law, Insolvency, Companies Act 2013 (India), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Altamash Qureshi , Shrishti Mishra
    Location:
    India
    Firm:
    Acuity Law
    Commercial wisdom of the liquidator upheld by the Supreme Court
    2022-09-14

    Under the Insolvency and Bankruptcy Code, 2016 (Code), if a corporate debtor is unable to pay its debts, then insolvency resolution proceedings (CIRP) may be initiated against the corporate debtor and attempts are made to revive the corporate debtor by inviting resolution plans. If the revival process fails, the corporate debtor must be liquidated.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Acuity Law, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Souvik Ganguly , Altamash Qureshi , Shrishti Mishra
    Location:
    India
    Firm:
    Acuity Law
    ERGO Analysing Development Impacting Business: Limited Judicial Review by NCLT and NCLAT During Liquidation Proceedings: Supreme Court
    2022-09-12

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Insolvency, National Company Law Tribunal
    Authors:
    Prateek Kumar , Rohit Ghosh
    Location:
    India
    Firm:
    Khaitan & Co
    How Will Insufficency in Stamping Impact Insolvency Proceedings? NCLAT Clarifies the Position
    2022-09-14

    A. INTRODUCTION 

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Prashanth Ramdas , Ananda Chakraverty , Subham Agarwal
    Location:
    India
    Firm:
    Khaitan & Co
    The European Union (Preventive Restructuring) Regulations 2022 - amendments to examinership process
    2022-09-09

    In July 2022 the European Union (Preventive Restructuring) Regulations 2022 (the Regulations) were signed by the Minister for Enterprise, Trade and Employment.

    Filed under:
    European Union, Ireland, Insolvency & Restructuring, Beauchamps, Insolvency
    Authors:
    Simon Murphy
    Location:
    European Union, Ireland
    Firm:
    Beauchamps
    Global Restructuring around the world: Introduction
    2022-09-09

    Look Chan Ho, Des Voeux Chambers

    This is an extract from the 2023 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

    Insolvency law, by nature, flourishes in difficult times. Just like last year, restructuring and insolvency activity in 2022 continues to flourish all over the world, together with rapid insolvency law reform.

    Filed under:
    Asia-Pacific, Insolvency & Restructuring, Global Restructuring Review, Insolvency
    Location:
    Asia-Pacific
    Firm:
    Global Restructuring Review
    Effect of Exclusive Jurisdiction Clauses in Insolvency Proceedings: Re Guy Kwok-hung Lam [2022] HKCA 1297
    2022-09-09

    Where a creditor’s bankruptcy petition is presented in Hong Kong, should it be allowed to proceed if the petition debt, which the debtor disputes, arises from an agreement which contains an exclusive jurisdiction clause in favour of a foreign court?

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Insolvency
    Authors:
    Clara Wong
    Location:
    Hong Kong
    Firm:
    Des Voeux Chambers
    UK Court permits administrators to proceed with sale where low risk of sanctions breach
    2022-09-08

    The recent High Court decision in Re Petropavlovsk Plc [2022] EWHC 2097 (Ch) considers the interaction of UK insolvency procedure and the sanctions regime imposed on Russia. 

    Background 

    Administrators were appointed to the English holding company of Russian gold mining group, Petropavlovsk Plc, in July 2022. The holding company was not sanctioned but sanctions had affected its ability to refinance and to pay its debts as they fell due.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Trade & Customs, Taylor Wessing, Insolvency, Office of Financial Sanctions Implementation (UK)
    Authors:
    Louise Jennings , Kate Hamblin
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 94
    • Page 95
    • Page 96
    • Page 97
    • Current page 98
    • Page 99
    • Page 100
    • Page 101
    • Page 102
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days