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
    Recognition of UK Part A1 Moratorium process rejected by NSW Supreme Court
    2021-07-21

    In the recent case of Re Hydrodec Group Plc [2021] NSWSC 755 (Hydrodec) the Supreme Court of New South Wales (NSW Supreme Court or Court) rejected an application by a non-operating holding company, Hydrodec Group Plc (the Company), for recognition of its United Kingdom (UK) debtor-in-possession Part A1 moratorium process (Part A1 Moratorium) and relief from a winding up application being made against the Company in Australia.

    Filed under:
    Australia, United Kingdom, USA, New South Wales, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia)
    Authors:
    Paul Apáthy , Angus Dick
    Location:
    Australia, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Australian Restructuring: Legislation, Transactions and Cases
    2020-12-17

    The Australian chapter of GRR’s Asia-Pacific Restructuring Review 2021, authored by Herbert Smith Freehills, is now available and reproduced below.

    This latest edition covers major Australian legislative developments, transactions and case law relating to restructuring and insolvency in Australia over the past 12 months including:

    Legislation

    • Temporary COVID-19 insolvency law amendments
    • Anti-phoenixing amendments to the Corporations Act

    Key restructurings

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    Paul Apáthy , Angus Dick
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Pressure points: Trustees beware - Changes to UK insolvency regime are now in force
    2020-07-02

    The Corporate Insolvency and Governance Act 2020 received Royal Assent and is now in force.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Coronavirus
    Authors:
    John Whiteoak
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Hong Kong: court makes winding up order where debtor unable to prove bona fide dispute on substantial grounds
    2020-03-27

    The Hong Kong Court of First Instance has declined to prioritise an arbitration agreement where a debtor intended to dispute the existence of a debt without proving there was a bona fide dispute on substantial grounds.

    Dayang (HK) Marine Shipping Co., Ltd v. Asia Master Logistics Ltd [2020] HKCFI 311; HCCW 14/2019

    Background

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Kathryn Sanger , Philip Lis , Jacob Sin
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    The duty to consider creditors
    2019-03-01

    In high stakes restructurings, directors can be under significant pressure from different parts of the capital structure to take (or refrain from taking) certain actions. It is critical that the board understands whether it owes duties to members or creditors (or both). For such an important issue, the law has previously been remarkably unclear.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Companies Act 2006 (UK), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal confirms wide discretion afforded to a non-Defaulting Party when determining "fair market value" of securities under the GMRA (2000 version)
    2018-04-26

    The recent Court of Appeal decision inLBI EHF v Raiffeisen Bank International AG [2018] EWCA Civ 719 affirms the wide discretion of the non-Defaulting Party to determine "fair market value" in accordance with the close-out mechanism under paragraph 10(e)(ii) of the standard Global Master Repurchase Agreement (2000 version) ("GMRA").

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Lehman Brothers, Court of Appeal (England and Wales)
    Authors:
    Ceri Morgan
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’
    2017-04-13

    Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s environmental laws, which means that the liquidators are required to use available funds to cause the company to comply with its environmental obligations under an environmental protection order issued to Linc.

    Filed under:
    Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporations Act 2001 (Australia), Queensland Supreme Court
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    The German Federal Supreme Court dismisses claim by bondholders against Greece, denying jurisdiction on grounds of state immunity
    2016-04-11

    The German Federal Supreme Court (Bundesgerichtshof) recently held that creditors cannot bring claims against the Hellenic Republic before the German courts in the context of Greece's debt restructuring in 2012 , finding that Greece enjoys immunity from jurisdiction before the German courts (decision of 8 March 2016; docket number VI ZR 516/14).

    Background and facts

    Filed under:
    Germany, Greece, Banking, Insolvency & Restructuring, Litigation, Public, Herbert Smith Freehills LLP, Bond (finance)
    Location:
    Germany, Greece
    Firm:
    Herbert Smith Freehills LLP
    The English High Court finds that arbitration clause “trumps” Insolvency Rules
    2015-04-30

    The case of Philpott & Orton v Lycee Francais Charles De Gaulle Schoolserves as a welcome reminder that the English court will strictly enforce agreements to arbitrate by ordering a mandatory stay of court proceedings, even in contexts where court procedures may traditionally apply.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Arbitration clause
    Authors:
    Craig Tevendale , Elizabeth Kantor
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Cross border insolvencies: Hong Kong court further clarifies the legal principles in respect of winding up an unregistered overseas company
    2014-04-30

    The exercise of the court’s discretionary jurisdiction to wind up an unregistered overseas company has again come under judicial spotlight in the recent case of Re China Medical Technologies Inc. (HCCW 435/2012).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Dispute resolution, Liquidation, Holding company, Liquidator (law)
    Authors:
    Gareth Thomas , Damien Whitehead
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 3493
    • Page 3494
    • Page 3495
    • Page 3496
    • Current page 3497
    • Page 3498
    • Page 3499
    • Page 3500
    • Page 3501
    • …
    • 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