In this episode of the International Insolvency Institute’s Global Perspectives podcast, we went back to the basics on cross-border restructuring and insolvency frameworks in mainland China. Practitioners Wang Lingqi (Fangda Partners), Veronica Chan (Tanner de Witt), and Assistant Professor Guo Shuai (China University of Political Science and Law) give us a quick lesson on the types of insolvency proceedings that apply to companies in China, before going into what the considerations of the Chinese courts usually are in granting recognition of foreign proceedings, the cases that have gone through the Chinese Mainland – Hong Kong cooperation mechanism for cross-border insolvency. We look at what opportunities there may be for work coming out of China, and our speakers share a tip or two on working on Chinese cross-border insolvencies.

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, we covered the interaction between insolvency law and climate change. Our expert panelists were Antonia Menezes (Senior Financial Sector Specialist at the World Bank Group, III Member) and Gabriel Olivera (O’Melveny’s, III NextGen member). After a short clarification on the terminology applicable to insolvency cases strictly connected with climate change issues, our panelists discussed the topic from a practical perspective. Mr Olivera discussed the importance and implications of the recent bankruptcies of Pacific Gas & Electric, as well as Basic Water Company. Ms. Menezes spoke about the role that MSEs may play in mitigating climate change, and what states can do to better equip these companies to deal with climate change issues. The podcast concludes with a discussion on the ramifications of climate change for the economy, as well as on the initiative currently undertaken by the World Bank to develop practical guidance on how to approach this issue from a statutory perspective. NextGen’s Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in late April 2024, with information correct at the time of the recording.

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In this episode of the International Insolvency Institute’s Global Perspectives podcast, our panelists provide an overview of the history and structure of UNCITRAL and its working groups, focusing on Working Group V (insolvency law) and the current topics deliberated by the Group – asset tracing and recovery and choice of law in international insolvency proceedings. Our panelists, Olya Antle, Adam Swick, and Jose Carles, dive into the specific issues before Working Group V and provide insight into the potential future developments concerning those issues. NextGen’s Chairperson, Adam Crane, introduces this podcast, which is moderated by Dario Oscos.

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, we covered the treatment of third-party releases in three European jurisdictions: the UK, Netherlands and Italy. Our expert panelists were Professor Gerard McCormack (University of Leeds), Professor Alessandra Zanardo (Ca’ Foscari, University of Venice) and Prof. Dr. Omar Salah (Norton Rose Fulbright, Tilburg University, III NextGen). After a short introduction on what third-party releases are, our panelists discussed the topic from the perspective of their jurisdictions. Prof. Zanardo observed that in Italy the framework is fluid, and that the judicial approach to third-party releases may change as a result of recent legislative changes. In the Netherlands, Prof. Dr. Salah discussed the requirements for obtaining a third-party release as part of a Dutch scheme (i.e. WHOA). Finally, Prof. McCormack expanded on a provocative and counter-intuitive remark that the pro-release approach under English law may result in fewer companies shopping for the English restructuring forum. NextGen’s Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early late February 2024, with the information correct at the time of the recording.

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our invited guest panelists give a critical overview of the Australian and New Zealand’s insolvency frameworks. Our expert panelists, Professor Lynne Taylor (University of Canterbury), Dr Elizabeth Streten (Queensland University of Technology) and Dr Lézelle Jacobs (ARITA and University technology Sidney), summarized the most recent legislative and judicial developments in Australian and New Zealand’s insolvency law. In a lively podcast, Dr Jacobs and Dr Streten summarized the results of the enquiry launched by the Parliamentary Joint Committee (PJC) on Corporations and Financial Services. This root and branch review includes several key elements for reflection, especially as the PJC advocated for the need to re-discuss the theoretical principles and objectives underpinning corporate and personal insolvency law. Prof Taylor brought the experience from her country (New Zealand), with several useful elements for reflection, particularly with reference to the treatment of financially distressed MSMEs and directors’ duties under New Zealand law. NextGen’s Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by NextGen Executive Committee Member Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early December 2023, with the information correct at the time of the recording.

Our experts panellists - Mr Bahram Vakil (Founding Partner, AZB & Partners), Ms Saloni Thakkar (Partner, AZB & Partners) and Ms Mariam Zaidi (Senior Legal Manager, Piramal Capital & Housing Finance) – discuss the changes to the treatment of secured creditors since the enactment of the Indian Bankruptcy Code in 2016. The podcast compares the current framework with the pre-COVID period as well as the period before the enactment of the new Code. The podcast also delves into the disputed treatment of secured creditors in some leading cases, such as Essar Steel and Anil Anchalia, before concluding with a short outlook on the announced reforms in the area.

On March 23, 2023, the Asian Business Law Institute (ABLI) and the International Insolvency Institute (III) jointly released The Guide on Conducting an Out-of-Court Workout in Asia (Guide), as part of the joint Asian Principles of Business Restructuring project. This Guide sets out a model of best practices, in the form of both nine principles and eleven practice tips, for successful out-of-court workouts of corporate debtors in Asia. On this episode of the International Insolvency Institute’s Global Perspectives Podcast, Catherine Shen of the ABLI and Ian Mann of Harneys discuss the key aspects of the Guide. NextGen’s Chairperson, ⁠⁠Adam Crane⁠⁠ (Baker & Partners in the Cayman Islands), introduces this podcast.

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our expert panelist, Professor Anthony J. Casey (University of Chicago Law School) summarized the rules and case law regulating the treatment of third-party releases under U.S. Bankruptcy Law. Professor Casey clarified what third-party releases are, as well as the distinction between consensual and non-consensual releases. He mentioned that the use of third-party non-debtor releases is quite common in large Chapter 11 cases. He summarized the key issues arising from the use of both consensual and non-consensual third-party releases and, finally, he discussed the importance of recent controversial Chapter 11 cases (Boy Scouts of America and Purdue Pharma). The podcast was recorded soon after the U.S. Supreme Court heard oral arguments in the Purdue Pharma case. As a result, Professor Casey outlined the potential implications of a judgment that may authorize, prohibit or limit the use of third-party releases under U.S. Bankruptcy Law.

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our panelists give a critical outlook of the UNIDROIT Principles on Digital Assets and Private Law. Our experts panelists, Professors Ignacio Tirado (Secretary General of UNIDROIT and Universidad Autónoma of Madrid) and ⁠⁠Louise Gullifer (University of Cambridge and Chair of the Working Group’s Drafting Committee for the Principles), summarized the process that led to the adoption of the Principles. In a lively podcast, Professors Tirado and Gullifer summarized the key principles applicable to digital assets, and the rules that should apply in insolvency scenarios, especially those involving the custodians of digital assets. Our panelists explained why the principles take a practical and functional approach, and why the principles aim at unifying rather than harmonizing national laws in the area.  

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our panelists discuss the impact of municipal failure on local and national economies. The panelists, among the leading experts in the field, are Professor Laura Coordes (Arizona State University), Professor Yseult Marique (University of Essex), and Professor Peter Murphy and Mr Bernard Dom (Nottingham Trent University). They compared the English and US system for dealing with municipalities in distress, and they drew important lessons from key cases such as Detroit and Birmingham. The podcast also includes references to recently launched initiatives, such as the Research Network for Public Authorities and Financial Distress (RPAFD) and other initiatives designed to support local authorities’ financial resilience and accountability promoted by the International Research Society for Public Management (IRSPM).

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our panelists give a critical look to the recent changes to the Indian insolvency framework. India updated its Bankruptcy Code in 2016. Our experts panelists, Professor Sumant Batra (President, Insolvency Law Academy) and ⁠⁠Mr Debanshu Mukherjee (co-founder, Vidhi Centre for Legal Policy, New Delhi), explain some of the peculiarities of the Indian system. These include – but are not limited to – the fact that trade creditors are not allowed to vote on a restructuring plan; that the insolvency regulator oversees not only insolvency practitioners but also the auction process; that there is no direct entry into liquidation; etc.

In this episode of the the International Insolvency Institute’s Global Perspectives podcast, our panelists examine the impact of the housing crisis in Spain and the People's Republic of China on the social and economic environment of these two countries. While Spain is recovering from a crisis that saw some of its largest building companies enter liquidation proceedings, China is still grappling with the crisis. The recent cases of Evergrande and Country Gardens are also discussed by our experts panelists, ⁠Miguel Ángel Martínez-Cortés⁠ (Partner at Carles Cuesta, in Madrid) and ⁠Dr Shuai Guo⁠ (III NextGen member and Assistant Professor at China University of Political Science and Law in Beijing). NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces this podcast.

In December 2022, a new proposal for the EU Directive was released by the EU Commission to harmonise certain aspects of insolvency law, including pre-packaged sales. In this episode of the International Insolvency Institute’s Global Perspectives podcast which is the continuation of a series of podcasts dealing with insolvency developments in Europe, our panelists focus on the legal and regulatory framework for pre-packaged insolvencies in Romania, Latvia, Czech Republic and Poland. Under the moderation of Dr Francesa Burigo of the Università Ca' Foscari Venezia, we cover pre-packs in Romania (Dr Nicoleta Mirela Nastasie), Latvia (Edvins Draba of SORAINEN), Czech Republic (Tomas Richter of JŠK, advokátní kancelář, s.r.o.) and Poland (Piotr Grabarczyk of WKB Wierciński, Kwieciński, Baehr). NextGen’s Chairperson, Adam Crane of Baker & Partners (Cayman Islands), introduces this podcast.

This episode of the International Insolvency Institute’s Global Perspectives podcast is the continuation of a series of podcasts which focus on available restructuring tools and the implementation of the EU Directive in Europe. In this podcast, our guest speakers discuss, under the moderation of Dr Francesa Burgio of the Università Ca' Foscari Venezia, restructuring tools available in four European countries, including Romania (Dr Nicoleta Mirela Nastasie), Latvia (Edvins Draba of SORAINEN), Czech Republic (Tomas Richter of JŠK, advokátní kancelář, s.r.o.) and Poland (Piotr Grabarczyk of WKB Wierciński, Kwieciński, Baehr). NextGen’s Chairperson, Adam Crane of Baker & Partners, introduces this podcast.

Join us in this enlightening podcast as Kathlene Burke sits down with Simon Whiting, the Assistant Director of Policy at the U.K. Insolvency Service, to discuss the outcome of the Government’s consultation on implementing two model laws, which have been adopted by the United Nations Commission on International Trade Law (‘UNCITRAL’) — the Model Law on Enterprise Group Insolvency (‘MLEG”) and the Model Law on Recognition and Enforcement of Insolvency-Related Judgments (“Judgments Model Law”).   The Government intends to legislate to implement the MLEG “at the earliest opportunity”. The UK will likely be the first jurisdiction to implement the MLEG into its national law. In contrast, the Government will not yet proceed with its proposal to adopt “Article X” of the Judgments Model Law. Instead, in order to address issues raised in certain consultation responses, the Government plans to undertake further work to determine how legal certainty can be maintained. To that end, the Government has invited interested parties to submit abstracts of papers on this and other topics of Insolvency law for their Foward Thinking Conference scheduled for 10 November 2023.  The deadline to submit papers has been extended to 18 August 2023.

III hosted a panel on March 30, 2023 titled Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees. Kathryn Esaw, Osler Hoskin & Harcourt LLP Jane Dietrich, Cassels Brock & Blackwell LLP Evan Hollander, Orrick, Herrington & Sutcliffe Dario Oscos, Oscos Abogados

III hosted a panel on March 30, 2023 titled Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees. Kathryn Esaw, Osler Hoskin & Harcourt LLP Jane Dietrich, Cassels Brock & Blackwell LLP Evan Hollander, Orrick, Herrington & Sutcliffe Dario Oscos, Oscos Abogados

III hosted a panel on March 30, 2023 titled Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees. Kathryn Esaw, Osler Hoskin & Harcourt LLP Jane Dietrich, Cassels Brock & Blackwell LLP Evan Hollander, Orrick, Herrington & Sutcliffe Dario Oscos, Oscos Abogados

On this episode of the International Insolvency Institute’s Global Perspectives podcast, Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and Co-Founder of AZB & Partners, Saloni Thakkar of AZB & Partners, and NextGen member Mariam Zaidi of Piramal Capital & Housing finance, discuss India’s Pre-Packaged Insolvency Regime. This podcast is moderated by Carlo Ghia, of the Italian Ministry of Enterprises and Made In Italy. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

On this episode of the International Insolvency Institute’s Global Perspectives podcast, Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and Co-Founder of AZB & Partners, Saloni Thakkar of AZB & Partners, and NextGen member Mariam Zaidi of Piramal Capital & Housing Finance, discuss the lessons learned from the resolution of non-banking financial companies in India. This podcast is moderated by Carlo Ghia, of the Italian Ministry of Enterprises and Made In Italy. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

Joint Webinars & Podcasts of the North American Regional Committee and Latin America Regional Committee featuring Lisa Donahue of Alix Partners, Elizabeth Pillon of Stikeman Elliott and Alejandro Sainz of Sainz Mexico. This podcast is moderated by Ivan Romo of SOELI Consulting.

Joint Webinars & Podcasts of the North American Regional Committee and Latin America Regional Committee featuring Lisa Donahue of Alix Partners, Elizabeth Pillon of Stikeman Elliott and Alejandro Sainz of Sainz Mexico. This podcast is moderated by Ivan Romo of SOELI Consulting.

Joint Webinars & Podcasts of the North American Regional Committee and Latin America Regional Committee featuring Lisa Donahue of Alix Partners, Elizabeth Pillon of Stikeman Elliott and Alejandro Sainz of Sainz Mexico. This podcast is moderated by Ivan Romo of SOELI Consulting.

As a world financial hub, Hong Kong plays an important role in cross-border insolvency, and its recent developments, especially the 2021 cooperation mechanism with the Chinese Mainland, have far-reaching consequences in Asia and elsewhere. In this episode of the International Insolvency Institute’s Global Perspectives podcast, Justice Jonathan Harris from the High Court of Hong Kong is interviewed by Dr Shuai Guo, China University of Political Science and Law, and talks about the present and future of cross-border insolvency in Hong Kong and beyond. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

In December 2022, a new proposal for the EU Directive was released by the EU Commission to harmonise certain aspects of insolvency law, including pre-packaged sales. In this timely episode of the International Insolvency Institute’s Global Perspectives podcast which is the second in a series of podcasts dealing with insolvency developments in Europe, our panelists focus on the legal and regulatory framework for pre-packaged insolvencies in Greece, Italy, Spain, France, and Portugal. Under the moderation of Carlo Ghia of the Italian Ministry of Enterprises and Made in Italy, we cover pre-packs in Greece (George Bazinas of Bazinas Law Firm), Italy (Giorgio Corno of Corno Avvocati), Spain (José Carles of CARLES | CUESTA Abogados y Economistas), France (Mylène Boché-Robinet of Boché Dobelle) and Portugal (Rita Espírito Santo of Gómez-Acebo & Pombo). NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

This episode of the International Insolvency Institute’s Global Perspectives podcast is the first in a series of podcasts that will focus on available restructuring tools and the implementation of the EU Directive in Europe. Discussion topics include: -What restructuring tools are there available in European countries? -Did they exist before or are they a result of the implementation of the EU Directive? -How do they work? -Are creditors divided into classes? -How do they vote? -Is DIP financing available? In this first podcast, International Insolvency Institute (III) members and NextGen members discuss, under the moderation of Carlo Ghia of the Italian Ministry of Enterprises and Made in Italy, pre-insolvency tools in five European countries. Specifically, Greece (George Bazinas of Bazinas Law Firm), Italy (Giorgio Corno of Corno Avvocati), Spain (José Carles of Carles Cuesta), France (Mylène Boché-Robinet of Boché Dobelle) and Portugal (Rita Espírito Santo of Gómez-Acebo & Pombo). NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

On May 10, 2022, the Asian Business Law Institute (ABLI) and the International Insolvency Institute (III) jointly released The Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia (Guide), as part of the joint Asian Principles of Business Restructuring project. On this episode of the International Insolvency Institute’s Global Perspectives Podcast, III Member, Evan J. Zucker, discusses with Catherine Shen of the ABLI, Nicholas Moller of the Asian Development Bank, and Zentaro Nihei of Anderson Mori & Tomotsune, the key and aspirational principles in the Guide. The podcast concludes with a preview by III NextGen’s new chairperson, Adam Crane of Baker & Partners on the upcoming series of podcasts focusing on restructuring and the implementation of the EU Directive in Europe.

On this episode of Global Perspectives, Mariam Zaidi, III Next Gen, discusses with Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and his colleague Saloni Thakkar, the salient features of India’s insolvency regime, its biggest success, and current developments in the evolution of its insolvency code.

Description: On this episode of the International Insolvency Institute’s Global Perspectives podcast, Evan J. Zucker discusses with III Member, Diana Rivera Andrade, an overview of Colombia’s insolvency law and ongoing developments.

On this episode of the International Insolvency Institute’s Global Perspectives podcast, Evan J. Zucker discusses with III NextGen, Piotr Grabarczyk, and Michal Barlowskian, an overview of Poland’s insolvency law and ongoing developments.

On this special episode of the International Insolvency Institute’s Global Perspectives podcast, Evan J. Zucker interviews Christoph G. Paulus and Jay L Westbrook.  Among other things, Christoph and Jay discuss maintaining and fostering cross-cultural relationships, enforcement issues related to assets frozen by Russian sanctions, and whether Russian sanctions can be a grounds to deny recognition under the Model Law on Insolvency.

International Insolvency Institute NextGen Member, Jose Carles of Carles Cuesta and his partner Rafael Catalá, a former Minister of Justice in Spain, discuss the latest developments in insolvencies in Spain including key case updates, legislative reforms, COVID-19 measures, and advances in pre-pack restructurings.

Episode Description: In May 2021, a new cooperation arrangement for mutual recognition of, and assistance to, cross-border corporate insolvency and debt restructuring proceedings was reached between the Supreme People’s Court of the People’s Republic of China and the Government of the Hong Kong Special Administrative Region.  On this episode of Global Perspectives, Shuai Guo, Assistant Professor of Law at China University of Political Science and Law interviews Ming Dong of JuneHe in Shanghai and Look-Chan Hoof Des Voeux Chambers in Hong Kong concerning the cooperation agreement and recent recognition decisions.

On January 1, 2021, the Act on Court Confirmation of Extrajudicial Restructuring Plans, also referred to as the "Dutch Scheme" or "WHOA" (Wet Homologatie Onderhands Akkoord) entered into force.  On this episode of Global Perspectives, Frederic Verhoeven, of Houthoff, and Omar Salah, of Norton Rose Fulbright LLP and Tilburg University, discuss the reasons for the enactment of the WHOA, its key features, and recent WHOA proceedings.