International Insolvency Institute International Insolvency Institute

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.