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Global Competition in Cross-Border Restructuring and Recognition of Centralized Group Solutions

The outbreak of COVID-19 and the subsequent governmental measures to curb the spread of the virus have affected many businesses. The pandemic particularly impacted multinational enterprises dependent on global supply...

10 February 2022

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The Promise and Perils of Regulating Ipso Facto Clauses

It is common for contracts to include a clause which provides that on an event of default, the counterparty has an unconditional right to terminate the contract or accelerate payment...

15 October 2021

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A Giant Leap for German Restructuring Law? The New Draft Law for Preventive Restructuring Procedures in Germany

On 19 September 2020 the German Ministry of Justice published the long awaited draft law (the ‘Reform Bill’) transposing the EU Restructuring and Insolvency Directive 2019 (the ‘Directive’)....

26 October 2020

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The Rule in Gibbs, or How to Protect Local Debt from a Foreign Discharge

The Gibbs Rule is back in the global spotlight. This English common law rule dates back to a decision in Anthony Gibbs & Sons v La Societe Industrielle...

19 December 2018

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Inconsistent realisation of the EU Insolvency Regulation across Europe calls for better coordination

On 26 June 2018, the Insolvency Regulation (Recast) (hereafter, EIR 2015) celebrated its first anniversary. It covers (i) the international jurisdiction of a court in a member state to open...

15 October 2018

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Rescue of Business in Insolvency Law

Since the global financial crisis, insolvency and restructuring law have been at the forefront of law reform initiatives in Europe and elsewhere. The specific topic of business rescue ranks top...

29 September 2017

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