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Insolvency & Restructuring

07 February 2020
Alex Horsbrugh-Porter 2020 heralds insolvency law changes

Guernsey - Ogier

The States of Guernsey recently passed the Companies (Guernsey) Law 2008 (Insolvency) (Amendment) Ordinance 2020, making Guernsey an even more desirable forum for insolvency proceedings. The changes show that Guernsey is prepared to arm insolvency office holders with the necessary tools and powers to tackle, draw in and preserve the assets of an insolvent company for the benefit of creditors.

Author: Alex Horsbrugh-Porter
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Tan Meiyen Potential cryptocurrency issues in insolvency and restructuring sphere

Singapore - Oon & Bazul LLP

Otonomos BCC Pte Ltd is one of the first technology companies specialising in blockchain technology to be wound up by the Singapore courts. As there are likely to be more insolvency and restructuring cases dealing with cryptocurrency in the near future, this article examines the legal nature of cryptocurrency in the insolvency and restructuring sphere, the feasibility of using cryptocurrency as security and the potential challenges faced by insolvency practitioners relating to cryptocurrency.

Authors: Tan Meiyen, Thenuga Vijakumar
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Compatibility of liquidation and adjudication

United Kingdom - Taylor Wessing

Generally speaking, the purpose of adjudication is to speed up cash flow and allow the speedy resolution of disputes, while the purpose of liquidation is to resolve the final accounting position between two parties in respect of all of their dealings. As a result, there are often incompatibilities between the two regimes. A recent Technology and Construction Court decision provides the latest judicial guidance on the ability of a company in liquidation to refer a dispute to adjudication.

Author: Rebecca May
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Recent updates

Gabriel Goh Company voluntary arrangements: secured creditors' (almost) impenetrable rights

United Kingdom - Taylor Wessing

Author: Gabriel Goh
Bart Heynickx Clawback: chasing assets

Belgium - ALTIUS

Author: Bart Heynickx

Upcoming event

ABA International Law Section 2020 Annual Conference

21-24 April 2020 - New York Marriott Downtown

You are cordially invited to attend the ABA International Law Section 2020 Annual Conference, the theme of which is empowerment. The conference, to be held at the New York Marriott Downtown, is expected to attract more than 1,000 international lawyers. The conference will begin with several days of programming, including some relating to personal empowerment, such as using a law degree in alternative careers, developing a personal brand and financial planning for lawyers at every stage of their career. Some 70+ CLE programmes will then cover a broad spectrum of international legal topics, including dispute resolution, international finance, M&A, corporate governance, corporate social responsibility, cybersecurity, AI, fintech, immigration, talent management, white collar, individual rights and the 19th amendment centennial.


For more details go to:
https://www.americanbar.org/groups/international_law/

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