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Global Restructuring Review

2021-08-doc1 Brazil’s first ‘Model Law’ judgment: Prosafe SE

Until recently bankruptcy law in Brazil did not contain provisions on international insolvency law. The country is a party to the Code of Bustamante of 1928, concluded between 15 Latin and Middle American States, but this regional framework has not been applied often. Renewed Brazilian bankruptcy law, in force since the first decade on this century, did not contain international… Read More »2021-08-doc1 Brazil’s first ‘Model Law’ judgment: Prosafe SE

2021-07-doc1 15 July free webinar – Impact of Business rescue study

With its 10th year anniversary, the European Law Institute (ELI) invites you to join a free webinar entitled ‘ELI at 10: Rescue of Business in Europe – the Impacts of ELI’s Work’. The webinar will take place on 15 July 2021 from 18:30–19:45 (CET). You can join us via https://bit.ly/3waE5JJ. As a co-reporter of the ELI study I can refer… Read More »2021-07-doc1 15 July free webinar – Impact of Business rescue study

2021-02-doc2 Confidentiality, secrecy and privilege in corporate insolvency and bank resolution

Confidentiality, secrecy and privilege are not unfamiliar topics to lawyers, yet the three themes have never been comprehensively explored in the field of insolvency. In the book ‘Confidentiality, Secrecy and Privilege in Corporate Insolvency and Bank Resolution’, which was published at the end of last year by the Eleven International Publishing in The Hague, Shuai Guo and I closely studied… Read More »2021-02-doc2 Confidentiality, secrecy and privilege in corporate insolvency and bank resolution

2021-01-doc1 Corporate Bankruptcy Law – Research Handboook

Research Handbook on Corporate Bankruptcy Law, published in 2020, brings together leading experts on the law and economics of corporate bankruptcy. The handbook is edited by Barry Adler (New York Law School), the contributors are all American and after a foreword and an introduction, 15 chapters follow. The scope of bankruptcy The Foreword is from éminance grise, Douglas G. Baird,… Read More »2021-01-doc1 Corporate Bankruptcy Law – Research Handboook

2020-07-doc1 Jet Airways Insolvency Protocol

Once a pioneer of Indian aviation, Jet Airways (India) (Jet Airways) completely ceased its flight operations on 17 April 2019, attracting international concern. Legal hardship started for the debt-laden airline on 21 May 2019 when the Dutch Noord-Holland District Court placed the company, which had an establishment at Amsterdam Schiphol airport and its corporate seat in Mumbai, into bankruptcy (faillissement).… Read More »2020-07-doc1 Jet Airways Insolvency Protocol

2020-05-doc1 Newsletter for de banking sector, GBRR

In Global Restructuring Review (GRR) I have a regular column. Its publisher has recently launched GBRR, the Global Banking Regulation Review, which evidently focuses on the financial industry. It is possible to sign up to receive GBRR’s free email briefing and get access to Global Banking Regulation Review’s latest content during its initial launch period. Recent examples of its content… Read More »2020-05-doc1 Newsletter for de banking sector, GBRR

2019-11-doc5 Insolvency and ethics

In June 2019, INSOL International released under the banner “Towards 2021” its Ethical Principles for Insolvency Professionals. These principles are the result of work carried out by a working group of a forward-looking task force chaired and they are intended to serve as general guidance on a set of common issues affecting insolvency professionals. Members of INSOL International are actively… Read More »2019-11-doc5 Insolvency and ethics

2019-05-doc4 Singapore Zetta Jet case: COMI as an elastic ball

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) [2019] 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

2019-03-doc2 No-action clause in Brazil Oi case

Since 2016, Brazilian telecom group Oi’s restructuring has led to several court proceedings in the Netherlands. The District Court in Amsterdam decided one issue in March 2018, in a conflict between Cayman Islands-incorporated Capricon Capital (Capricorn) and two Dutch financial vehicles, Portugal Telecom International Finance (PTIF) and Oi Brasil Holdings Co-operative (Finco) – both part of the Oi group and… Read More »2019-03-doc2 No-action clause in Brazil Oi case

2019-01-doc3 Modified universalism in European cross-border insolvency?

In legal theory, the regulation of cross-border insolvency is dealt with from two different angles. Under the universalist approach, cross-border insolvencies are administered pursuant to a single global insolvency regime. All of the debtor’s assets are distributed by a single insolvency office holder, regardless where the assets or claimants are located. The ideal of universalism is one court, one law… Read More »2019-01-doc3 Modified universalism in European cross-border insolvency?