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No clear picture - Hong Kong court criticises legal representatives in refusing to sanction scheme of arrangement

A Hong Kong court has refused to sanction a scheme of arrangement, saying that practitioners should explain the key terms and effect of any proposed restructuring in a way which can be...

News

Private equity – Navigating manager exits and management incentives in challenging times

This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of ...

News

Hong Kong Court of Appeal rules arbitration agreement trumps winding-up petition in insolvency

The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two ...

News

Changing the legal representative in China is about to become much easier

One of the key challenges for creditors in taking control of a mainland Chinese company in an enforcement type situation is how to remove the “legal representative”. New...

Insights and Analysis

Debt for equity swaps in private equity backed companies financed by private debt funds

Is it Groundhog Day for private equity backed companies struggling to cope with higher interest rates, or is it different this time? The attempts to curb inflation flowing from the...

News

UK Government introduces Bill to reverse UK Supreme Court PACCAR ruling

The Bill is intended to restore the previous status quo in which litigation funding agreements were distinct from damages-based agreements and were not required to comply with additional...

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New York’s bill on sovereign debt stability – A potential game changer for emerging market sovereign debt

New York State lawmakers are proposing a bill known as the Sovereign Debt Stability Act (Assembly Bill A2970A/Senate Bill S5542A) which aims to fundamentally alter the landscape of...

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Not set in stone – Hong Kong court approves post-implementation modifications to scheme of arrangement

The Hong Kong High Court has given a rare order for modifications to a scheme of arrangement after it had been implemented incorrectly by the scheme administrators. Drawing on instances in...

News

Marginal Grains - Frozen out in Odessa

Madison Pacific Trust Limited v (1) Sergiy Groza and (2) Volodomyr Naumenko ([2024] EWHC 267).On 8 February 2024, the High Court delivered judgment against two individuals who applied to...

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