In the matter of Syncreon Group B.V. (and ors) the English High Court on 31 July 2019 ( EWHC 2068 (Ch)) presented its written reasons for granting an application by Syncreon Group to convene meetings of certain classes of creditors for the purpose of considering a scheme of arrangement. Syncreon Group is a private limited company incorporated under the laws… Read More »2019-08-doc1 Scheme of arrangement – Does English court has jurisdiction re Dutch B.V.?
Legislative developments in the Netherlands The Dutch Bankruptcy Act (DBA) first entered into force in 1896. Over the first 100 years amendments were made over the years, the rules governing bankruptcy liquidation fundamentally remained the same. In 1998 special rules to deal with debt restructuring of natural persons have been included. Early 2000, eight years after the entry into force… Read More »2019-07-doc1 Insolvency – Legislative developments in the Netherlands
Yesterday, Thursday 27 June 2019, ‘Operation Night Watch’ kicked off in the Amsterdam Rijksmuseum. The painting will undergo a major cleaning-up and restoration. It’s last restauration was over 40 years ago, following an attack on the painting with a knife in 1975. During the Rijksmuseum’s continued monitoring program, it has been discovered that parts the Night Watch have changed over… Read More »2019-06-doc4 The Night Watch in the Dutch courts?
‘I doubt you will find any new document on Rembrandt, as all written documents, all notarial deeds, all registrations, all shreds of evidence on any aspct of his life is known and docemented’, an American art historian and Rembrandt specialist told me a year and a half ago. In science you never can predict: this week (on 4 June 2019)… Read More »2019-06-doc2 Rembrandt studied in Leiden in 1620. But also in 1622?
Soft law instruments are increasingly prevalent in the area of procedural and substantive restructuring and insolvency law. These instruments, all embodied in legally non-binding texts, originate from so-called standard-setting organisations, such as the United Nations Commission on International Trade Law (UNCITRAL) Working Group V (Insolvency) and the World Bank, as well as mainly insolvency practitioners’ organisations, such as INSOL International… Read More »2019-06-doc1 Soft law instrumentst in insolvency/restructuring law
In this contribution, Leiden PhD researcher Ilya Kokorin and I, seek to revisit the Zetta Jet case, as was decided on 4 March 2019 by the High Court of Singapore (Justice Aedit Abdullah) (Re: Zetta Jet Ptd and others (Asia Aviation Holding Pte Ltd, intervener)  SGHC 53 (Zetta Jet)). We highlight what we see as its major significance, namely… Read More »2019-05-doc4 Singapore Zetta Jet case: COMI as an elastic ball
With Gert-Jan Boon, PhD researcher and lecurer at Leiden University, I wrote ‘Soft law instruments in restructuring and insolvency law: exploring its rise and impact, published in the TvOB (Law review on company law and corporate governmant and management, published by Paris publishers in the Netherlands) 2019, nr. 2 (May 2019). In our aticle we provided an overview of the… Read More »2019-05-doc2 Soft law restructuring and insolvency instruments
In less than a decade, the topic of restructuring and workout has risen to the top of the legislative agenda of many countries, in the EU and beyond. In the same period insolvency practice has gradually grown into its renewed role: understanding the diversity in creditors’ interests, to think (allow me) outside the narrow box of insolvency liquidation and get… Read More »2019-04-doc6 Restructurings and workouts
A decade ago, none of us could have imagined just how much business and economic dimensions we would see in the restructuring and insolvency industry world of today. It may be bad news for the companies affected; however, we could not have imagined the creativity and dedication of scholars and practitioners in the field in presenting broader perspectives and legislation… Read More »2019-04-doc5 Turnaround Management
The subject of a compulsory settlement outside of formal insolvency proceedings has been the focus of attention in Europe and several of its Member States, including the Netherlands, for quite some time. In the preface of his book ‘Pre-insolvency proceedings. A Normative foundation and Framework’ (OUP, 2019), the author, Nicolaes Tollenaar, signals this strong development in Europe with focusing on… Read More »2019-04-doc2 pre-insolvency proceedings