International Insolvency Institute

In this episode of the International Insolvency Institute’s Global Perspectives podcast, we were joined by leading international insolvency judges including Hon. Elizabeth Stong, Judge of the United States Bankruptcy Court for the Eastern District of New York; Hon. Aidan Xu, Judge of the High Court of Singapore; and Hon. Kazimbe Chenda, Judge of the High Court, Commercial Division in Zambia.

The central theme of the podcast is the roleof the judiciary in promoting good restructuring practices and cross-border collaboration in insolvency proceedings.

During the podcast, the esteemed judges explore the role of the judiciary in promoting cross-border insolvency cooperation, and what more can be done to enhance the judiciary’s capacity to handle complex cross-border insolvency cases. The podcast also features a list of lessons learned from the handling of complex cases, not necessarily large ones, and an interesting reference to a bakery in Brooklyn, New York.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded on 15 January 2025, with information correct at the time of recording.

In this episode of the International Insolvency Institute’s Global Perspectives podcast, we are joined by expert panelists Okorie Kalu (Partner, PUNUKA Attorneys & Solicitors); Judy Muigai (Partner, DLA Piper Africa IKM Advocates); and Prof Wesley Rosslyn-Smith (Associate Professor, University of Pretoria) who discuss developments in insolvency law and practice in Sub-Saharan Africa.

Our speakers addressed topics including practitioner qualification and accreditation, expedited pre-insolvency and insolvency processes for MSEs, fostering regional collaboration, the influence of the World Bank Business Ready report on regulatory activities, and the connection between tax incentives and capacity-building initiatives for insolvency practitioners and judges.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early December 2024, with information correct at the time of recording.

In this episode of the International Insolvency Institute’s Global Perspectives podcast, we delve into consensual restructuring procedures in key jurisdictions such as Singapore, India and France. Our expert panelists, Vasile Rotaru (Ph.D. Candidate, University of Oxford), NextGen Member Ishana Tripathi (Associate Professor, Jindal Global Law School) and NextGen Member Jo Tay (Partner, Allen & Gledhill), offer insightful commentary on the unique characteristics, challenges, and growing appeal of consensual restructuring methods in these jurisdictions. They discuss the strong tradition of consensual workouts in France (mandat ad hoc and conciliation), the increasing demand for lender-led mediation, and the need for coordinated efforts among practitioners, courts, and legislators. The panelists also address key obstacles, such as litigious or impatient creditors and the occasional aggressive stance from legal counsel.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partnersin the Cayman Islands) and moderated by Dr EugenioVaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of recording.

In this episode of the ⁠International InsolvencyInstitute⁠’s Global Perspectives podcast, we explore hybrid insolvency procedures and workouts in Latin America to gain practical insights into how these mechanisms are implemented in real-world scenarios. Our distinguished panelists, The Hon. Adolfo Rouillon and Andrés Martinez, offered their expertise on this timely topic.

Our speakers discussed the current use and comparative effectiveness of hybrid restructuring mechanisms across various Latin American jurisdictions, highlighting how corporate structure influences whether businesses pursue these options and the tendency of family-owned smallbusinesses to avoid them. They also shed light on tax implications, potential risks of not utilizing these procedures—such as the conversion of foreign currency claims to domestic currency upon insolvency—and the formalities required to implement these processes across diverse regulatory landscapes. Additionally, the panelists reflected on the World Bank’s role in encouraging the adoption of hybrid mechanisms throughout the region.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the CaymanIslands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in October 2024, with information correct at the time of the recording.

In this episode of the International Insolvency Institute’s Global Perspectives podcast, we delve into recent insolvency law reforms in Brazil, a country that has made significant changes to its legal framework in the past few years.

Brazil introduced substantial reforms to its insolvency laws in 2005, and more recently in 2020, bringing its system more in line with international best practices. These reforms have notably improved corporate restructuring processes and have aimed to enhance the role of the judiciary and regulators in handling insolvency cases.

Our expert panellists, Joao Guilherme Thiesi da Silva (Pinheiro Neto Advogados) and Guillerme França (Lollato Lopes Rangel Ribeiro Advogados), offer insightful commentary on the effectiveness of these reforms and how they align with global trends, particularly considering their experiences in the US and Brazil. Their conversation also explores how these changes facilitate better outcomes for distressed businesses, as well as the challenges that remain, especially in terms of access to credit and cross-border insolvencies.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of recording.

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, we covered the role of regulators and the judiciary in LATAM. Our expert panelists were Susana Hidvegi Arango (business insolvency, complex litigation, and arbitration advisor), Javier Armando Lorente (Lorente & Lopez Abogados) and Roberto Villaseca (Carey LLP).

In this podcast, we delve into the critical role of regulators and the judiciary in Latin America's insolvency frameworks, with a focus on Chile, Colombia, and Argentina. Each country has a distinct approach to insolvency law, influenced by historical, economic, and political factors, and the relationship between regulators and the judiciary is central to the success of these systems. We explore recent reforms in Chile that have reshaped the balance between regulators and courts, significant regulatory changes in Colombia, and Argentina’s judiciary-driven insolvency processes, which often operate without a dedicated regulator.

Our guests, experts from each country, discuss the evolving roles of regulators and judges, examining challenges such as maintaining judicial independence, managing sector-specific insolvencies, and fostering effective collaboration. They also reflect on the lessons learned from other Latin American jurisdictions and international practices that could enhance the effectiveness of these insolvency frameworks. This podcast offers valuable insights into the dynamics of insolvency law in LATAM, providing listeners with a deeper understanding of the region’s legal landscape and the ongoing reforms shaping its future.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of the recording.

In this episode of the International Insolvency Institute’s Global Perspectives podcast, we were joined by Andrew Chan (Allen & Gledhill, Singapore) and Rabindra Nathan (Shearn, Delamore, Malaysia) who had a friendly cross-border debate about Singapore vs Malaysia and discussed the insolvency regimes in both of countries.

The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands) and moderated by Jo Tay (Allen & Gledhill, Singapore) and Nathalie Kerr (Lim Chee Wee Partnership, Malaysia).

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.

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, 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.

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 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.  

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our panelists discuss the impact of municipal failure on local and national economies.

The panelists, among the leading experts in the field, are Professor Laura Coordes (Arizona State University), Professor Yseult Marique (University of Essex), and Professor Peter Murphy and Mr Bernard Dom (Nottingham Trent University). They compared the English and US system for dealing with municipalities in distress, and they drew important lessons from key cases such as Detroit and Birmingham. The podcast also includes references to recently launched initiatives, such as the Research Network for Public Authorities and Financial Distress (RPAFD) and other initiatives designed to support local authorities’ financial resilience and accountability promoted by the International Research Society for Public Management (IRSPM).

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, our panelists give a critical look to the recent changes to the Indian insolvency framework.

India updated its Bankruptcy Code in 2016. Our experts panelists, Professor Sumant Batra (President, Insolvency Law Academy) and ⁠⁠Mr Debanshu Mukherjee (co-founder, Vidhi Centre for Legal Policy, New Delhi), explain some of the peculiarities of the Indian system. These include – but are not limited to – the fact that trade creditors are not allowed to vote on a restructuring plan; that the insolvency regulator oversees not only insolvency practitioners but also the auction process; that there is no direct entry into liquidation; etc.

In this episode of the the International Insolvency Institute’s Global Perspectives podcast, our panelists examine the impact of the housing crisis in Spain and the People's Republic of China on the social and economic environment of these two countries.

While Spain is recovering from a crisis that saw some of its largest building companies enter liquidation proceedings, China is still grappling with the crisis. The recent cases of Evergrande and Country Gardens are also discussed by our experts panelists, ⁠Miguel Ángel Martínez-Cortés⁠ (Partner at Carles Cuesta, in Madrid) and ⁠Dr Shuai Guo⁠ (III NextGen member and Assistant Professor at China University of Political Science and Law in Beijing). 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 which is the continuation of a series of podcasts dealing with insolvency developments in Europe, our panelists focus on the legal and regulatory framework for pre-packaged insolvencies in Romania, Latvia, Czech Republic and Poland.

Under the moderation of Dr Francesa Burigo of the Università Ca' Foscari Venezia, we cover pre-packs in Romania (Dr Nicoleta Mirela Nastasie), Latvia (Edvins Draba of SORAINEN), Czech Republic (Tomas Richter of JŠK, advokátní kancelář, s.r.o.) and Poland (Piotr Grabarczyk of WKB Wierciński, Kwieciński, Baehr). NextGen’s Chairperson, Adam Crane of Baker & Partners (Cayman Islands), introduces this podcast.

This episode of the International Insolvency Institute’s Global Perspectives podcast is the continuation of a series of podcasts which focus on available restructuring tools and the implementation of the EU Directive in Europe.

In this podcast, our guest speakers discuss, under the moderation of Dr Francesa Burgio of the Università Ca' Foscari Venezia, restructuring tools available in four European countries, including Romania (Dr Nicoleta Mirela Nastasie), Latvia (Edvins Draba of SORAINEN), Czech Republic (Tomas Richter of JŠK, advokátní kancelář, s.r.o.) and Poland (Piotr Grabarczyk of WKB Wierciński, Kwieciński, Baehr). NextGen’s Chairperson, Adam Crane of Baker & Partners, introduces this podcast.

The Government intends to legislate to implement the MLEG “at the earliest opportunity”. The UK will likely be the first jurisdiction to implement the MLEG into its national law. In contrast, the Government will not yet proceed with its proposal to adopt “Article X” of the Judgments Model Law. Instead, in order to address issues raised in certain consultation responses, the Government plans to undertake further work to determine how legal certainty can be maintained. To that end, the Government has invited interested parties to submit abstracts of papers on this and other topics of Insolvency law for their Foward Thinking Conference scheduled for 10 November 2023.  The deadline to submit papers has been extended to 18 August 2023.

On this episode of the International Insolvency Institute’s Global Perspectives podcast, Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and Co-Founder of AZB & Partners, Saloni Thakkar of AZB & Partners, and NextGen member Mariam Zaidi of Piramal Capital & Housing finance, discuss India’s Pre-Packaged Insolvency Regime. This podcast is moderated by Carlo Ghia, of the Italian Ministry of Enterprises and Made In Italy. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

On this episode of the International Insolvency Institute’s Global Perspectives podcast, Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and Co-Founder of AZB & Partners, Saloni Thakkar of AZB & Partners, and NextGen member Mariam Zaidi of Piramal Capital & Housing Finance, discuss the lessons learned from the resolution of non-banking financial companies in India. This podcast is moderated by Carlo Ghia, of the Italian Ministry of Enterprises and Made In Italy. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

Joint Webinars & Podcasts of the North American Regional Committee and Latin America Regional Committee featuring Lisa Donahue of Alix Partners, Elizabeth Pillon of Stikeman Elliott and Alejandro Sainz of Sainz Mexico. This podcast is moderated by Ivan Romo of SOELI Consulting.

Joint Webinars & Podcasts of the North American Regional Committee and Latin America Regional Committee featuring Lisa Donahue of Alix Partners, Elizabeth Pillon of Stikeman Elliott and Alejandro Sainz of Sainz Mexico. This podcast is moderated by Ivan Romo of SOELI Consulting.

Joint Webinars & Podcasts of the North American Regional Committee and Latin America Regional Committee featuring Lisa Donahue of Alix Partners, Elizabeth Pillon of Stikeman Elliott and Alejandro Sainz of Sainz Mexico. This podcast is moderated by Ivan Romo of SOELI Consulting.

In this timely episode of the International Insolvency Institute’s Global Perspectives podcast which is the second in a series of podcasts dealing with insolvency developments in Europe, our panelists focus on the legal and regulatory framework for pre-packaged insolvencies in Greece, Italy, Spain, France, and Portugal.

Under the moderation of Carlo Ghia of the Italian Ministry of Enterprises and Made in Italy, we cover pre-packs in Greece (George Bazinas of Bazinas Law Firm), Italy (Giorgio Corno of Corno Avvocati), Spain (José Carles of CARLES | CUESTA Abogados y Economistas), France (Mylène Boché-Robinet of Boché Dobelle) and Portugal (Rita Espírito Santo of Gómez-Acebo & Pombo). NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

This episode of the International Insolvency Institute’s Global Perspectives podcast is the first in a series of podcasts that will focus on available restructuring tools and the implementation of the EU Directive in Europe. Discussion topics include:

-What restructuring tools are there available in European countries?

-Did they exist before or are they a result of the implementation of the EU Directive?

-How do they work?

-Are creditors divided into classes?

-How do they vote?

-Is DIP financing available?

In this first podcast, International Insolvency Institute (III) members and NextGen members discuss, under the moderation of Carlo Ghia of the Italian Ministry of Enterprises and Made in Italy, pre-insolvency tools in five European countries. Specifically, Greece (George Bazinas of Bazinas Law Firm), Italy (Giorgio Corno of Corno Avvocati), Spain (José Carles of Carles Cuesta), France (Mylène Boché-Robinet of Boché Dobelle) and Portugal (Rita Espírito Santo of Gómez-Acebo & Pombo). NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

On May 10, 2022, the Asian Business Law Institute (ABLI) and the International Insolvency Institute (III) jointly released The Guide on the Treatment of Insolvent Micro and Small Enterprises in Asia (Guide), as part of the joint Asian Principles of Business Restructuring project. On this episode of the International Insolvency Institute’s Global Perspectives Podcast, III Member, Evan J. Zucker, discusses with Catherine Shen of the ABLI, Nicholas Moller of the Asian Development Bank, and Zentaro Nihei of Anderson Mori & Tomotsune, the key and aspirational principles in the Guide. The podcast concludes with a preview by III NextGen’s new chairperson, Adam Crane of Baker & Partners on the upcoming series of podcasts focusing on restructuring and the implementation of the EU Directive in Europe.

On this episode of Global Perspectives, Mariam Zaidi, III Next Gen, discusses with Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and his colleague Saloni Thakkar, the salient features of India’s insolvency regime, its biggest success, and current developments in the evolution of its insolvency code.

Description: On this episode of the International Insolvency Institute’s Global Perspectives podcast, Evan J. Zucker discusses with III Member, Diana Rivera Andrade, an overview of Colombia’s insolvency law and ongoing developments.

International Insolvency Institute NextGen Member, Jose Carles of Carles Cuesta and his partner Rafael Catalá, a former Minister of Justice in Spain, discuss the latest developments in insolvencies in Spain including key case updates, legislative reforms, COVID-19 measures, and advances in pre-pack restructurings.

Episode Description: In May 2021, a new cooperation arrangement for mutual recognition of, and assistance to, cross-border corporate insolvency and debt restructuring proceedings was reached between the Supreme People’s Court of the People’s Republic of China and the Government of the Hong Kong Special Administrative Region.  On this episode of Global Perspectives, Shuai Guo, Assistant Professor of Law at China University of Political Science and Law interviews Ming Dong of JuneHe in Shanghai and Look-Chan Hoof Des Voeux Chambers in Hong Kong concerning the cooperation agreement and recent recognition decisions.

Brazil is one of the latest countries to enact the UNCITRAL Model Law on Cross-Border Insolvency. The Brazilian enactment went into effect in January 2021. This podcast will give listeners an overview of the legislation and the first application for recognition filed thereunder. The International Insolvency Institute welcomes Ana Carolina Reis do Valle Monteiro, Sergio Savi and Nyana Abreu Milleras guests on this episode.

To learn more about Cross-Border Insolvency in Brazil, here are some resources provided by today’s guests: The UNCITRAL Model Law Dances to a Samba Beat, by Nyana Miller and Raul Torrao, Brazil’s First Recognition of a Foreign Proceeding Under the Model Law on Cross-Border Insolvency, by Ana Carolina Monteiro, The Main Changes to the Reorganization and Bankruptcy Act, by Sergio Savi, Eduardo Guimarães Wanderley, and Natalia Yazbek, and Article-by-Article Comparison between the UNCITRAL Model Law and the Brazilian Legislation, by Sabrina Maria Fadel Becue.