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...

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...

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...

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...