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A trio of liquidation decisions overseas application of S.213, costs of compliance with S.236 and effects of arbitration clause on debt recovery actions
  • Burges Salmon LLP
  • United Kingdom
  • July 3 2015

Recent weeks have seen a number of decisions concerning liquidations - in this article we explore three of the more interesting ones. 1) Overseas

Can a bankrupt's pension pot be used to pay creditors? The search for clarity in New Zealand and the UK
  • DLA Piper LLP
  • New Zealand, United Kingdom
  • July 1 2015

How does the objective of achieving payment for creditors in insolvency interact with the objectives of pension legislation, which seeks to ensure

Heralding investor certainty
  • Maples and Calder
  • Cayman Islands, United Kingdom
  • July 1 2015

A recent decision of the Grand Court, Primeo Fund (in official liquidation) v Herald Fund SPC (in official liquidation), is another win for investor

Anti-suit injunctions, OW bunker and ISDA master agreements
  • Reed Smith LLP
  • United Kingdom
  • June 30 2015

The Commercial Court has recently refused to grant an anti-suit injunction to SwissMarine Corporation Limited (SwissMarine) to restrain proceedings

Court of Appeal guidance on just and equitable winding up petitions
  • Maples and Calder
  • Cayman Islands, United Kingdom
  • June 30 2015

The recent judgment of the Cayman Islands Court of Appeal ("CICA") in Asia Pacific Limited v ARC Capital LLC explains the approach that the Court

Court varies order recognising South Korean insolvency proceedings to allow pursuance of claims in London arbitration
  • Reed Smith LLP
  • United Kingdom
  • June 29 2015

The Applicants had entered into a pool agreement and time charter with Pan Ocean, both of which were governed by English law and provided for London

DTEK: has the English High Court provided another option for restructuring New York law bonds?
  • Mayer Brown LLP
  • United Kingdom
  • June 25 2015

In Re DTEK Finance BV, the English High Court decided that a change in the governing law of bonds from New York to English law, established a

English courts: “loss” and the 1992 ISDA Master Agreement common sense prevails
  • Bryan Cave LLP
  • United Kingdom
  • June 11 2015

The English High Court in Fondazione Enasarco v Lehman Brothers Finance S.A. and Anthracite Rated Investments (Cayman) Limited 2015 EWHC 1307 (Ch

Euroresource--deals and debt (June 2015)
  • Jones Day
  • Argentina, Canada, Germany, United Kingdom, USA
  • June 10 2015

On 10 March 2015, the German Finance Ministry published a proposal for legislative changes to the German Banking Act (Kreditwesengesetz) that would

Recast Regulation on Insolvency 2015848 is published
  • LexisNexis
  • European Union, United Kingdom
  • June 9 2015

After years of speculation, the Recast Regulation has been published in the Official Journal heralding one of the biggest changes in cross-border