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    Shareholder disputes: just and equitable winding up - a remedy of last resort in shareholder disputes
    2024-09-06

    Shareholder disputes can often be complex and emotionally charged, particularly in small or family-owned companies where personal relationships and business interests are deeply intertwined. When such disputes reach an impasse, the law provides several mechanisms for resolution. In particular, disgruntled shareholders have the ability to bring statutory based claims against the company.

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, Brodies LLP, Mediation, Companies Act 2006 (UK)
    Authors:
    Nicky-Ray Watson , Lucy McCann , Craig Watt
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    A balancing act - Guidance for personal representatives in insolvent estates
    2024-08-16

    The court has provided guidance on how to protect personal representatives in potentially insolvent estates in Wedgwood v Hosein and another [2024].

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Mediation, Insolvency
    Authors:
    Hayley Robinson
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Third Circuit to decide whether litigation claimants in bankruptcy cases can rely on filed proofs of claim or must file complaints to preserve causes of action
    2024-03-25

    On March 11, 2024, Judge Colm F.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Mediation, Supreme Court of the United States
    Authors:
    Robert Klyman , Malithi Fernando
    Location:
    USA
    Firm:
    DLA Piper
    Role of Resolution Professionals in Personal Guarantors' Insolvency: Best Practices and Challenges
    2024-03-29

    For industry professionals in India, the Insolvency and Bankruptcy Code (IBC), 2016, has been a game-changer. The introduction of a formal framework for insolvency resolution has brought much-needed clarity and efficiency to dealing with financial distress. However, the 2019 Regulations introduced a new dimension - the ability for personal guarantors (PGs) to initiate insolvency proceedings. This has significantly impacted the role of Resolution Professionals (RPs).

    Filed under:
    India, Insolvency & Restructuring, Singhania & Partners LLP, Mediation, Insolvency, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India)
    Authors:
    Vikas Goel
    Location:
    India
    Firm:
    Singhania & Partners LLP
    FRC / Carillion - the high-water mark, or a taste of things to come?
    2024-02-09

    Background

    The collapse of Carillion in 2018 was arguably the UK's largest corporate insolvency in years, creating a lasting impact through job losses and the derailment of hundreds of public sector projects.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Insurance, DAC Beachcroft, Mediation, Insolvency, Financial Conduct Authority (UK), Carillion
    Authors:
    Richard Highley , Julian Bubb Humfryes
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Hong Kong: Court of appeal to consider interplay between insolvency and arbitration again soon
    2024-02-07

    In brief

    On 29 February 2024, the court of appeal will hear an appeal against an order for the insolvent liquidation of a company that unsuccessfully argued, at first instance, that the petitioning debt was subject to a dispute covered by contractual agreements to arbitrate. While the interplay between insolvency and arbitration is not a new issue, the upcoming hearing will be the first time after the court of final appeal's decision in Re Guy Kwok-Hung Lam [2023] HKCFA 9 ("Guy Lam") for the court of appeal to clarify the principles.

    Filed under:
    Global, Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Baker McKenzie, Mediation, Liquidation
    Authors:
    Kwun-Yee Cheung , Edmund Ma
    Location:
    Global, Hong Kong
    Firm:
    Baker McKenzie
    Is It OK to Mediate A Mass Tort Bankruptcy Plan Without Including Insurers Who Must Provide Plan Payments? (In re Imerys & Cyprus)
    2024-02-06

    Here’s a due process question that’s percolating before the U.S. Supreme Court and a related mediation issue:

    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Mediation, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Contract law in focus: a look at current judgements and legal reforms
    2024-03-04

    This overview includes case law since mid-2022 and provides an overview of legal amendments that have a practical impact on national and international contracts.

    Insolvency-based rescission clauses

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Trade & Customs, Noerr PartGmbB, Electric vehicle, Supply chain, Mediation, Due diligence, ESG, Insolvency, European Commission, European Court of Justice, Federal Court of Justice
    Authors:
    Felix Muhl , Michael Reiling , Roni Deger
    Location:
    European Union, Germany
    Firm:
    Noerr PartGmbB
    The role and potential for arbitration in cross-border insolvency disputes
    2024-02-27

    With the increase in global trade and business, often involving complex corporate structures in multiple jurisdictions, we expect to see a significant increase in cross-border insolvency and restructuring matters in coming years. This is especially the case with rapid advancements in technology and digital change driving “borderless” transactions and investments in every industry.

    Filed under:
    Global, Arbitration & ADR, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Mediation, UNCITRAL
    Authors:
    Scott Atkins
    Location:
    Global
    Firm:
    Norton Rose Fulbright
    Restructuring Department Bulletin - January 2024
    2024-01-25

    Alice Belisle Eaton and Billy Clareman Discuss Latest Restructuring

    Developments at PLI Event

    Practising Law Institute’s “Recent Developments in Distressed Debt, Restructurings,

    and Workouts 2024” featured restructuring partner Alice Belisle Eaton and

    litigation partner Billy Clareman. Co-chair Alice delivered opening remarks and

    spoke on “Market Update: Distressed Debt and Restructurings,” “Corporate

    Governance, Officer and Director Risks and Claims in Distressed Situations” and

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Mediation, FTX
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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