International Insolvency Institute International Insolvency Institute

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.

Singapore is on the cutting-edge of the international insolvency community, including leading
initiatives such as the JIN Guidelines for Communication and Cooperation
between Courts in Cross-Border Insolvency Matters; and empowering the Singapore
International Commercial Court to hear cross-border insolvency and
restructuring matters.

In this episode of the Global Perspectives podcast, the Hon. Justice Kannan Ramesh, Judge of the
Appellate Division of the Supreme Court of Singapore and President of the International
Insolvency Institute is interviewed by NextGen Chairperson, Adam Crane of Baker &
Partners in the Cayman Islands, and is asked about the various initiatives and
developments in Singapore.

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.