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    No-deal Brexit: Impact on cross-border corporate recovery and insolvency
    2019-04-15

    While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit, in which the UK leaves the EU without a withdrawal agreement or other deal. Here we look at the potential impact of a no-deal Brexit on cross-border corporate recovery and insolvency.

    Key issues

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, DLA Piper, Brexit, UNCITRAL, European Commission
    Authors:
    Chris Parker , Robert Russell
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    INSOL Europe contributes to the UNCITRAL Working Group V (Insolvency law), 52nd session
    2018-02-09

    INSOL Europe attended the 52nd session of Working Group V (Insolvency law) held in Vienna from 18 to 22 December 2018 in its capacity as an invited international non-governmental organisation (NGO) with observer status. Other observers included, inter alia, World Bank, European Investment Bank, European Banking Federation, the American Bar Association, the International Bar Association, INSOL International, International Insolvency Institute, European Law Institute.

    Filed under:
    European Union, Global, Insolvency & Restructuring, DLA Piper, UNCITRAL, European Investment Bank
    Authors:
    Florian Bruder M.Jur.
    Location:
    European Union, Global
    Firm:
    DLA Piper
    EU Proposals for Harmonisation of Insolvency Practitioners and Judges
    2017-12-04

    Much has already been written about the proposal for the “Second Chance” directive (“Proposal“) published in November 2016 which is still being debated by the EU bodies – and rightly so. Harmonisation of insolvency law across the EU is needed as one in four insolvency proceedings is a cross-border insolvency and creditors need to know what to expect in other EU countries and that the courts and practitioners cooperate in an efficient way.

    Filed under:
    European Union, Slovakia, Insolvency & Restructuring, Litigation, Squire Patton Boggs, UNCITRAL
    Authors:
    Silvia Belovicova
    Location:
    European Union, Slovakia
    Firm:
    Squire Patton Boggs
    Business Finance and Restructuring - What will 2018 hold?
    2018-01-04

    Business Finance and Restructuring What will 2018 hold? Horizon scanning for 2018 Legal Outlook Legislative changes Reform of English corporate insolvency framework The Insolvency Service has yet to react to responses to its consultation in mid-2016 on significant reforms designed to improve the restructuring tools available to companies.1 We had expected the government to push this forward in 2017, but the reforms appear to have stalled and the issue was sadly missing from the Queen’s Speech.

    Filed under:
    European Union, Global, United Kingdom, Corporate Finance/M&A, Derivatives, Insolvency & Restructuring, Public, Trade & Customs, Weil Gotshal & Manges LLP, Brexit, UNCITRAL
    Location:
    European Union, Global, United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    A new comprehensive reform of Italian insolvency proceedings: continuity and innovation
    2017-10-16

    The Italian Government has been delegated to enact a comprehensive restatement of the whole set of rules of insolvency procedures, with specific innovative addresses regarding (to mention only the most important) the concordato preventivo procedure, venue rules, an out-of-court mediation alert process to timely address a risk of insolvency, new forms of security and a streamlined set of priorities among creditors

    Introduction

    Filed under:
    European Union, Italy, Insolvency & Restructuring, Nctm Studio Legale, Bankruptcy, UNCITRAL, European Commission
    Authors:
    Fabio Marelli
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    Coordination and balance
    2017-08-31

    Cross-border insolvency of multinational groups

    WGV aims to agree a set of key principles and draft text for a regime to address crossborder insolvency in the context of enterprise groups (defined widely to mean any entity, regardless of its legal form, that is engaged in economic activities and may be governed by insolvency law). This has started to take a form most suited to a stand-alone supplement to the Model Law. The Group’s secretariat produced a draft legislative text, incorporating three principles agreed by WGV. The three principles are:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, UNCITRAL
    Authors:
    Catherine Burton
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    Amsterdam Court of Appeals denies recognition of Yukos bankruptcy based on public order exemption
    2017-09-15

    On May 9 2017 the Amsterdam Court of Appeals ruled that the Russian liquidation order of August 1 2006 regarding OAO Yukos Oil Company is contrary to Dutch public order and therefore null and void.(1) An interesting question is whether the judgment will have a bearing in the appeal of the annulment proceedings concerning the $50 billion Energy Charter Treaty (ECT) arbitration case between former Yukos shareholders and Russia, which is pending before The Hague Court of Appeal.

    Filed under:
    European Union, Netherlands, Russia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Liquidation, UNCITRAL
    Authors:
    Michael Broeders
    Location:
    European Union, Netherlands, Russia
    Firm:
    Freshfields Bruckhaus Deringer
    Cross border restructuring landscape continues to evolve - EU and Singapore reform and modernize while the UK assesses the impact of Brexit
    2017-07-07

    Legislative changes in Singapore and the EU introduce pre-insolvency processes facilitating non-consensual debt restructurings or cram downs comparable to those already available in London and New York. In particular, the EU Recast Insolvency Regulation (the "Recast Regulation") came into effect on June 26, 2017, enhancing cross-border co-operation for applicable insolvency proceedings starting in the EU after that date.*

    Filed under:
    European Union, Singapore, Insolvency & Restructuring, Trade & Customs, Dechert LLP, Debt restructuring, UNCITRAL
    Authors:
    Paul Fleming , Chris Horrocks
    Location:
    European Union, Singapore
    Firm:
    Dechert LLP
    INSOL 2017: The good, the bad and the ugly: national and regional law reforms
    2017-03-21

    There has been great discussion over the course of INSOL on the various restructuring and insolvency reforms being considered or implemented globally. In the break out session ‘The good, the bad and the ugly: national and regional law reforms’, panellists drilled down into the detail of some of these reforms. The panel considered reforms in the EU (Prof. Christoph Paulus, Hamboldt-Universitat zu Berlin), the UK (Mark Craggs, Norton Rose Fulbright LLP), Singapore (Sushil Nair, Drew & Napier LLC), and the US (Donald S.

    Filed under:
    European Union, Global, Singapore, United Kingdom, USA, Insolvency & Restructuring, Baker McKenzie, UNCITRAL, Insolvency Act 1986 (UK)
    Authors:
    Rian Matthews
    Location:
    European Union, Global, Singapore, United Kingdom, USA
    Firm:
    Baker McKenzie
    Brexit: impact on restructuring and insolvency for companies
    2016-07-07

    1 │ © 2016 Morrison & Foerster (UK) LLP | mofo.com ATTORNEY ADVERTISING 7 July 2016 BREXIT: IMPACT ON RESTRUCTURING AND INSOLVENCY FOR COMPANIES By Sonya Van de Graaff, Peter Declercq, and Howard Morris The process of Brexit will take many years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and working with clients on key concerns and issues, now and in the coming weeks and months. We will also continue to provide MoFo Brexit Briefings on a range of key issues.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Morrison & Foerster LLP, Brexit, Conflict of laws, UNCITRAL, Companies Act 2006 (UK), Insolvency Act 1986 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Morrison & Foerster LLP

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