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    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
    Ontario Superior Court of Justice: word of caution regarding sealing orders
    2022-09-08

    In the receivership proceedings of Distinct Infrastructure Group Inc.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Mediation, Insolvency, Receivership, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    Roger Jaipargas , Charlotte Chien
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Start-ups and the test for over-indebtedness in Germany
    2022-09-08

    Following several insolvency cases of high-flying start-up companies, a helpful recent ruling by the Higher Regional Court of Düsseldorf (Oberlandesgericht Düsseldorf) has specified the requirements for going concern forecasts for start-up companies. 

    Background 

    Filed under:
    Germany, Insolvency & Restructuring, Taylor Wessing, Insolvency, Federal Court of Justice
    Authors:
    Niclas von Woedtke
    Location:
    Germany
    Firm:
    Taylor Wessing
    UK insolvencies increase as turbulent times lie ahead
    2022-09-08

    The UK insolvency statistics released on 2 August for Q2 2022 (1 April – 30 June 2022) make for fairly sombre, if not entirely unsurprising, reading.

    An 81% increase in corporate insolvencies in England and Wales from the same period in 2021 and a 13% increase in insolvencies from Q1 2022. The worst affected sectors are reported to include food, retail and construction.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Taylor Wessing, Supply chain, Insolvency
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    CIGA Report March 2022: assessing the impact of the new insolvency provisions
    2022-09-08

    Key Points

    Filed under:
    United Kingdom, Insolvency & Restructuring, Stevens & Bolton LLP, Insolvency
    Authors:
    Tim Carter , Helen Martin
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Regulations Expand Directors' Duties in Insolvency
    2022-09-08

    The EU (Preventative Restructuring) Regulations 2022 (the Regulations) were signed into law on 27 July 2022. The Regulations largely focus on the examinership regime in Ireland which is already very comprehensive. However, the Regulations also include amendments to the Companies Act 2014 (the Act) in certain areas including codifying the duty of directors to have regard to creditor’s interests when facing insolvency.

    Changes to the Act

    Filed under:
    Ireland, Insolvency & Restructuring, Beauchamps, Directors' duties, Insolvency
    Authors:
    Shaun O'Shea
    Location:
    Ireland
    Firm:
    Beauchamps
    Commission Confirms Ireland's Participation in Regulation Amending EIR Recast Annexes
    2022-09-08

    In a William Fry article published earlier this year, we discussed the Irish government's approval to opt-in to a regulation amending Annexes A and B to the European Insolvency Regulation 2015/848 (EIR Recast) regarding the recognition of insolvency processes recently introduced in other EU Member States.

    Filed under:
    European Union, Ireland, Insolvency & Restructuring, William Fry, Insolvency, European Commission
    Authors:
    Ruairi Rynn , Fergus Doorly , Craig Sowman , Gail Nohilly
    Location:
    European Union, Ireland
    Firm:
    William Fry
    Spain Has Finally Passed Its New Insolvency Law
    2022-09-08

    On 6 September 2022, the new Spanish Law on Insolvency was finally passed, after individual amendments by the upper house of the Spanish parliament had still been discussed and rejected during the summer recess. The main part of the new regulations will come into force on 26 September 2022.

    Filed under:
    Spain, Insolvency & Restructuring, Monereo Meyer Abogados, Insolvency
    Authors:
    Michael Fries
    Location:
    Spain
    Firm:
    Monereo Meyer Abogados

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