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    Thailand Cross-Border Insolvency with Foreign Creditors
    2020-08-31

    Thailand is currently facing challenges as a result of a global economy under pressure from the COVID-19 pandemic, leading numerous companies to struggle with insolvency. Some companies will be facing this stress in multiple jurisdictions with current travel restrictions hindering their ability to deal with any resultant crisis in person.

    Filed under:
    Thailand, Insolvency & Restructuring, Silk Legal, Coronavirus, UNCITRAL
    Authors:
    Dr. Jason Corbett
    Location:
    Thailand
    Firm:
    Silk Legal
    Bankrupt New Zealander bankrupted in Australia
    2011-11-09

    Introduction  

    Another failed property developer has just been made bankrupt in Australia, this time with a difference – he was already bankrupt in New Zealand. Bank of Western Australia (Bank) v David Stewart Henderson (No. 3) [2011] FMCA 840 is another Australian cross-border insolvency case in which we have successfully tested the boundaries of the Cross-Border Insolvency Act 2008 (Cth) (the CBIA), this time with the Bankruptcy Act 1966 (Cth).

    Filed under:
    Australia, New Zealand, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Debtor, Common law, Prejudice, UNCITRAL, Trustee
    Authors:
    David Goldman , Michael Rose
    Location:
    Australia, New Zealand
    Firm:
    Norton Rose Fulbright
    Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA's 2019 Global Restructuring Conference
    2020-01-23

    Canada and Brazil share a long and significant common history of business and investment. Over a century ago, Canadian companies were heavily involved in building electrical and other infrastructure in São Paulo and Rio de Janeiro. Today, over 50 public companies listed on the TSX and TSX-V have substantial assets and operations in Brazil. In 2018, direct investment between the two countries exceeded $14 billion in each direction.

    Filed under:
    Brazil, Canada, Corporate Finance/M&A, Insolvency & Restructuring, McMillan LLP, Debtor, Debtor in possession, UNCITRAL
    Authors:
    Stephen Brown-Okruhlik , Tushara Weerasooriya
    Location:
    Brazil, Canada
    Firm:
    McMillan LLP
    Chapter 15 provides restructuring avenue for Brazilian companies
    2015-10-01

    The chapter 15 cases of OAS S.A. ("OAS") and its affiliates represent the second time in less than one year that a U.S. bankruptcy court has been confronted with a serious challenge to the recognition of insolvency proceedings in Brazil by a group of U.S. creditors. The latest challenge focused on two separate lines of attack: (1) whether the "foreign representative" authorized to commence a chapter 15 case can be appointed by the company rather than the foreign insolvency court; and (2) whether Brazilian insolvency law is manifestly contrary to U.S. public policy.

    Filed under:
    Brazil, USA, New York, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL, United States bankruptcy court
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    Brazil, USA
    Firm:
    Jones Day
    Arbitration and bankruptcy in Brazil
    2010-07-20

    Although in some jurisdictions arbitration is a long-established form of alternative dispute resolution, this mechanism has only recently been regulated in Brazil. The Brazilian Commercial Code, enacted in 1850, already included a few sparse provisions regarding commercial arbitration, but there were no references to specific rules. It was not until 1996 that Brazil passed its first specific arbitration statute, Law No. 9,307/96 (Arbitration Law).

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Arbitration award, Decentralisation, Liquidation, Capital punishment, UNCITRAL, United States bankruptcy court
    Authors:
    Leonardo P. Costa , Fernando Fernandes Xavier
    Location:
    Brazil
    Firm:
    Mayer Brown
    Offshore security enforcement
    2017-03-01

    Offshore security enforcement Offshore security enforcement /3 Contents 4 Introduction 5 British Virgin Islands (BVI) 8 Cayman Islands 11 Isle of Man 14 Guernsey 18 Jersey 21 Luxembourg 24 Malta 27 Mauritius 30 About us 31 Key contacts Offshore security enforcement 4\ Introduction This briefing document summarises the key issues in enforcing security in the countries listed and is a general guide. Taylor Wessing does not have offices in the jurisdictions contained in this guide, but has called on the support of the firms acknowledged at the back.

    Filed under:
    British Virgin Islands, Cayman Islands, Guernsey, Isle of Man, Jersey, Luxembourg, Malta, Mauritius, United Kingdom, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Taylor Wessing, UNCITRAL
    Location:
    British Virgin Islands, Cayman Islands, Guernsey, Isle of Man, Jersey, Luxembourg, Malta, Mauritius, United Kingdom
    Firm:
    Taylor Wessing
    Chapter 15 recognition: Fairfield Sentry Limited (in liquidation)
    2010-10-29

    As well as issuing claims in mistake and restitution in the BVI Commercial Court and the US State Supreme Court, the liquidators of Fairfield Sentry Limited (“the Fund”) also petitioned for and, on 22 July 2010 obtained, Chapter 15 recognition in the United States Bankruptcy Court for the Southern District of New York.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Asset management, Investment management, Liquidation, Liquidator (law), Derivative suit, UNCITRAL, United States bankruptcy court
    Location:
    British Virgin Islands, USA
    Firm:
    Ogier
    Guide to Doing Business in Canada: Bankruptcy & restructuring
    2017-10-14

    Bankruptcy & restructuring

    The economies of the United States (U.S.) and Canada are closely intertwined. As operations expand across the border, so too do the complexities associated with carrying on business — particularly the insolvency of a company spanning both jurisdictions. As such, understanding how to navigate the complexities of Canadian insolvency regimes is essential to successfully doing business in the country.

    1. Legislation and court system

    Filed under:
    Canada, Insolvency & Restructuring, Gowling WLG, Debt, UNCITRAL
    Authors:
    Clifton P. Prophet
    Location:
    Canada
    Firm:
    Gowling WLG
    Australia: The limits of recognition under the UNCITRAL Model Law - foreign compromises of English law claims
    2018-02-28

    Introduction – why does this matter?

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Debtor, UNCITRAL, Court of Appeal of England & Wales, High Court of Justice (England & Wales), Court of Appeal (England and Wales)
    Authors:
    David Walter
    Location:
    Australia, United Kingdom, USA
    Firm:
    Baker McKenzie
    Where to from here (now that ipso facto reform has become law)? Unresolved impediments to company restructures in a VA context
    2017-12-07

    With the enactment of the ipso factoreform in September this year (which commences operation on 1 July 2018), it is the genuine hope of many insolvency practitioners and others in the market that voluntary administration will become a less value-destructive and, therefore, a more useful tool for company restructures.

    Filed under:
    Australia, Global, Insolvency & Restructuring, Litigation, Clayton Utz, UNCITRAL, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Flora Innes
    Location:
    Australia, Global
    Firm:
    Clayton Utz

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