Two events are currently changing the landscape for business restructurings in the European Union: the “Restructuring Recommendation” (RR) of the European Commission, issued in 2014, and the 2015 recast of the European Insolvency Regulation (EIR). In this paper, we critically review the RR...

Transaction avoidance rules are widely considered to be an important tool for the regulation of related party transactions in insolvency. Existing ‘best practice' guidance on the design of insolvency laws assumes that such avoidance rules are best operationalised within collective insolvency...

The insolvency provisions of the Cape Town Convention and associated Protocols are considered integral to the achievement of the economic objectives of the Convention project. This article begins with the history of the insolvency provisions, tracing their evolution from a modest rule for the...

India is poised for significant reform to its corporate insolvency laws, including the introduction of a new rescue procedure. The reforms follow two decades of sustained criticism of the law, critics complaining of lengthy delays and a range of related costs in the disposal of proceedings. This...

This is the text of a keynote address given at a conference with the same title held in New Delhi on 16 December 2019.In the address, I suggest that the defining feature of the approach taken by the drafters of India's new Bankruptcy Code was their decision to treat creditors as presumptively...

This is the introduction to four lectures published together in the November 2019 issue of Lloyds Maritime and Commercial Law Quarterly. The lectures were part of a special series, "The Common Law and Finance: Perspectives from the Bench" held in Oxford in 2018-2019. In the series, senior judges...

Recent years have witnessed the emergence and rapid growth of a large, diverse, and constantly evolving shadow payment system. The shadow payment platforms (SPPs) that populate this system perform many of the same core payment functions as conventional deposit-taking banks: including custody,...

In this piece, written in honour of Gabriel Moss QC, I make some observations about three recent developments in the law governing the treatment of the directors of insolvent companies: first, the decision of Mr Justice Snowden in Grant v Ralls on the approach to determining quantum in...

Banking, derivatives, and structured finance may attract the lion's share of accolades and approbation in global finance—but payment systems are where the money is. Historically, payment systems in most jurisdictions have been legally and operationally intertwined with the conventional banking...

The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States could operate effectively and efficiently in cross-border cases. To achieve this, the Regulation limits the circumstances in which insolvency proceedings can be opened in Member...