International Insolvency Institute

International Insolvency Institute
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A podcast featuring the latest news and commentary on cross-border insolvency by members of the International Insolvency Institute. The views and opinions expressed are those of the speakers and do not necessarily reflect the official policy of the International Insolvency Institute.

  1. FEB 2

    MSE Insolvencies in Japan

    This episode features a conversation with Kotaro Fuji, Partnerat Nishimura & Asahi in Tokyo, on the Japanese law and practice around the restructuring of SMEs. Japan’s approach to SME restructuring differs from other jurisdictions that have created SME-specific statutory restructuring regimes. Japan does not have an SME-specific insolvency or restructuring statute. Instead, what Japan has is legally non-binding guidelines and procedural practices standardized for SME restructuring. During the podcast, Kotaro describesthe operation of the SME Revitalization Councils, as well as the introduction of the SME Turnaround Guidelines (2022) and the treatment of new finance and personal guarantees in these proceedings. The podcast concludes with an assessment of the recently enacted and soon-to-be-implemented Early-Stage Business Restructuring Act. The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley LLP, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early December 2025, with information accurate at the time of recording.

    18 min

  2. 12/22/2025

    MSE Insolvencies in Australia

    This episode features a conversation with Harry Lawless, a III NextGen member and Senior Associate at Norton Rose Fulbright Australia. The discussion explores the distinctive features of the Australian corporate framework for MSEs in financial distress. Harry explains the eligibility requirements, examines the advantages and limitations of the short moratorium regime and the types of creditors to which it applies, and outlines why the legislator adopted a debtor-in-possession (DIP) model despite Australia’s traditional preference for a practitioner-in-possession (PIP) approach. He also discusses the supervisory role of the restructuring advisor, who must be a qualified insolvency practitioner. The episode concludes with reflections on the framework’s success rate—initially slow but increasing markedly since 2023—and on the continuing need for reform.

    24 min

  3. 12/08/2025

    MSE Insolvencies in Spain

    This episode features a conversation with José Carles, a III member, a Spanish lawyer, chartered economist, and court-appointed insolvency practitioner, as well as co-founder of the legal boutique CARLES | CUESTA, on the recent reforms to the Spanish’s insolvency framework for MSEs. The discussion highlights the peculiarities of the Spanish corporate framework, and the innovations introduced by the new law. During the conversation, José highlights the controversies surrounding the introduction of the new system, and particularly the lack of any involvement from insolvency practitioners. He also discusses the difficulties in using the new digital platform created for MSE insolvencies, but also mentions some of the benefits associated with the Spanish simplified liquidation and restructuring framework.

    27 min

  4. 11/26/2025

    MSE Regime in India

    This episode features a conversation with Ishana Tripathi, a III NextGen member affiliated with SAM & Co., where she is Director of Research & Innovation, and Adjunct Professor at both NALSAR University of Law and Jindal Global Law School in India, on the recent reforms to Indian’s insolvency law. The discussion highlights the peculiarities of the Indian corporate and insolvency regime. During the conversation, Ishana highlights the role that pre-packaged reorganisations play in ensuring the success of MSE reorganisation. Reference is also made to the challenges raised by the COVID-19 pandemic, the difficulties arising from the implementation of the Indian Bankruptcy Code, as well as the areas (such as individual bankruptcy) where further reforms are desirable. The interview also highlights the drive towards digitalisation of the Indian insolvency framework, and the peculiarities of the Indian lending market, especially for MSEs.

    36 min

  5. 11/12/2025

    MSE Regime in Myanmar

    This episode features a conversation with Lee Jun Yee, Partner at Allen & Gledhill in Myanmar, on the recent reforms to Myanmar’s insolvency law. The discussion highlights the enhanced role of mediators and the adoption of the UNCITRAL Model Law on Cross-Border Insolvency, before turning to the specific implications for micro and small enterprises (MSEs). The episode explores the options now available to both incorporated and unincorporated entities, the progress towards digitalisation, and the evolving role of courts and judges in supporting this transformation. Other key topics include the treatment of interim finance and the discharge process for individuals and companies. The conversation concludes with reflections on how the COVID-19 pandemic and the country’s recent political turmoil have delayed implementation, and what steps are necessary to ensure the effectiveness of the new framework.

    23 min

  6. 10/29/2025

    MSE across Asia, Africa and North America

    This episode features a conversation with Will Paterson, a III member as well as a Senior Financial Sector Specialist at the World Bank Group, where he advises client countries on insolvency and debt resolution frameworks. The discussion focuses on the need for rules that are simple—yet not merely simplified—to govern the liquidation and reorganisation of micro and small enterprises (MSEs) in financial distress. Drawing on his extensive experience at the World Bank, Will reflects on several key publications produced by the organisation in recent years, including the Principles for Effective Insolvency and Creditor/Debtor Regimes (2021), the Toolkit for Corporate Workouts (2022), and ViewPoint on Insolvency Reform for Credit, Entrepreneurship, and Growth. The conversation also touches on INSOL International’s latest technical report in this field (available on the INSOL International Technical Library), authored by Will himself, which examines how simplified insolvency regimes have been implemented in the OHADA region, the United States, and Singapore.

    29 min

  7. 09/24/2025

    UNIDROIT Legislative Guide on Bank Insolvency

    This episode explores the work of UNIDROTI, with a specific focus on the newly enacted Legislative Guide on Bank Liquidation. This podcast was jointly organised by III and INSOL Talks, an initiative by INSOL International. The podcast features the participation of Prof. Ignacio Tirado (UNIDROIT’s Secretary General, Professor at the Universidad Autónoma of Madrid, III Member) and Ms Myrte Thijssen (Senior Legal Officer, UNIDROIT). The podcast describes the reasons for, and the content of the UNIDROIT Legislative Guide on Bank Liquidation, which provides recommendations on how to deal with the failure of non-strategically important financial institutions. The podcast is moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London (III NextGen) and Dr. Shuai Guo (III NextGen, INSOL ERA). The podcast was recorded on 26 May 2025, with information accurate at the time of recording.

    32 min

  8. 09/08/2025

    III Podcast on UK Restructuring Plans

    This episode features a discussion with Mandip Englund, III NextGen member and Partner and Head of the Restructuring and Insolvency Group at Travers Smith, and Professor Rebecca Parry of Nottingham Trent University. Together, they explore the development and growing use of restructuring plans in England and Wales, comparing them with other insolvency and restructuring tools such as schemes of arrangement, company voluntary arrangements (CVAs), and special administration regimes (SARs). The conversation tackles some of the most complex issues surrounding restructuring plans, including what qualifies as a “compromise or arrangement”—with particular reference to interim plans and the treatment of out-of-the-money creditors. It also addresses the evidential burden placed on debtors to demonstrate that a plan satisfies both the “no worse off” test and fairness requirements, as well as how benefits preserved or generated by the plan affect the treatment of out-of-the-money creditors. In addition, the episode examines potential debt restructuring options for Thames Water, dispels common misconceptions about SARs, and offers insights into how these regimes might be reformed to operate more effectively in future high-profile cases. The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early July 2025, with information accurate at the time of recording.

    42 min
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About

A podcast featuring the latest news and commentary on cross-border insolvency by members of the International Insolvency Institute. The views and opinions expressed are those of the speakers and do not necessarily reflect the official policy of the International Insolvency Institute.

Information

  • Creator
    International Insolvency Institute
  • Years Active
    2022 - 2026
  • Episodes
    56
  • Rating
    Clean
  • Copyright
    © International Insolvency Institute
  • Show Website
    International Insolvency Institute