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The Court of Appeal has unanimously decided that it may appoint English administrators to a Jersey company, upon the request of the Jersey Court.  This overturns a controversial decision from just last month, where a formal request from the Jersey Court...

Clifford Chance, in conjunction with the Asia Securities Industry & Financial Markets Association (ASIFMA), has conducted a survey of eight key Asian jurisdictions to obtain an overview of the insolvency regimes and resolution powers available in relation...

The Supreme Court has unanimously affirmed the Court of Appeal's decision on the test for balance sheet insolvency under section 123(2) of the Insolvency Act 1986 finding that Eurosail was not balance sheet insolvent. Of practical importance to borrowers...

This paper considers the techniques which are – or should be – available for the resolution of banks which are primarily funded through retail deposits. Some (often the majority) of these deposits will be protected through a Deposit Guarantee Scheme...

Welcome to our monthly roundup of news and legal developments from the Australian energy and resources sector. Each month, we cover news from around the country, including new legislation, commercial developments and judgments affecting the industry. &n...

A recent Fifth Circuit decision serves as a reminder to loan market participants that they should choose their words very carefully when discussing terms of a trade over the telephone. The Fifth Circuit Court of Appeals recently ruled that a bank loan purchaser...

Earlier this week, the Court of Appeal upheld the first instance decision of Mr Justice Hamblen in Azevedo v Imcopa Importacao and others, confirming that payments of consent fees in exchange for votes in favour of amendments to the terms of debt securities were...

The German Federal Ministry of Finance (Bundesfinanzministerium) has released a first draft Act on Ring-Fencing and on Recovery and Resolution Planning for Credit Institutions (Entwurf eines Gesetzes zur Abschirmung von Risiken und zur Planung und Sanierung und...

Vláda České republiky předložila Parlamentu ČR návrh rozsáhlé novely InsZ, jejímž předmětem je revize InsZ za dobu od nabytí jeho účinnosti. Tento dokument byl zařazen k projednání Poslaneckou...

In a recent decision, the Czech Supreme Court had the opportunity to interpret the term "known creditors" as used by Article 40 of the European Insolvency Regulation 1346/2000. Under that provision, "known creditors" domiciled within the EU...