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Global Restructuring Review

2023-01-doc1 COMI and ascertainability by third parties

The English Court of Appeal’s decision in East-West Logistics v Melars Group (East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 of 28 October 2022 draw my attention, especially by the concurring view of one of the judges, Lord Justice Lewison. Lord Justice Lewison is known to me from the famous Stanford International Bank case of 2009, which… Read More »2023-01-doc1 COMI and ascertainability by third parties

2022-11-doc4 Towards a review of the Dutch IP profession

The EU (without Denmark) is an economic market, with 27 member states. All these states have their own national insolvency system. In this whole European region there are presently around 120 types of national insolvency proceeding, which is around 4.5 per member state. As examples: Belgium lists eight proceedings (in Dutch and in French), Estonia two, Ireland no less than… Read More »2022-11-doc4 Towards a review of the Dutch IP profession

2022-02-doc1 European Insolvency Law: the year ahead

In the first decade of this century, in European insolvency law the H-word was on the list of banned terminology. In 2011 the ice had been broken by the European Parliament (EP). It was assisted in its decision via a group of reports from mainly practitioners gathered in INSOL Europe, European’s largest insolvency practitioners’ group. The EP gave its go-ahead… Read More »2022-02-doc1 European Insolvency Law: the year ahead

2021-12-doc11 Judicial cross-border cooperation goes digital!

On the first of December the European Commission published a proposal for a Regulation by the European parliament and the Council ‘… on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation’. See COM(2021) 759 final. One of the many acts is the… Read More »2021-12-doc11 Judicial cross-border cooperation goes digital!

2021-12-doc4 In 2022 the EU takes a new step in harmonizing corporate insolvency

Last week in November 2021, the EU Commission published a Communication with a set of intended measures, responding to a number of action points identified under its Capital Markets Union (CMU) 2.0 Action Plan. This Plan was published in September 2020. See COM(2021) 720 final. The Commission wishes to tackle problems across a broad range of capital market services to… Read More »2021-12-doc4 In 2022 the EU takes a new step in harmonizing corporate insolvency

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