INSOL Talks

Our guests today are Sheila Ng , Rajah & Tann, Singapore and Omar Salah , Norton Rose Fulbright, The Netherlands. They discuss the use and implementation of cross-border protocols with perspectives from the EU and Asia, referencing cases such as Jet Airways, Lehman Brothers and Mercon Coffee. Join the conversation on Twitter or LinkedIn using #INSOLTalks Follow INSOL ERA on Twitter @ERA_insol...

In this episode, Ishana Tripathi and Kenneth Ghartey talk to Benjamin Herisset , Legal Officer at the UNCITRAL Secretariat to delve deeper into the history of the UNCITRAL Model Law on Cross-Border Insolvency, its modern implementation and later Model Laws adopted by UNCITRAL. Find out more about UNCITRAL WG V's current work here: https://uncitral.un.org/en/working_groups/5/insolvency_law Joi...

Mat Ng, Grant Thornton Recovery and Reorganisation Limited, Hong Kong, Hajime Ueno (INSOL Fellow), Nishimura & Asahi, Japan, and Chotiwut Sukpradub , Chandler MHM Limited, Thailand discuss Airline Restructurings in Asia, using examples of Cathay Pacific, Japan Airlines and Nok Air. They also explore difficulties of countries not being signatories of the Cape Town Convention and in-court vs out...

Ilya Kokorin is in conversation with Melissa Jacoby , University of North Carolina at Chapel Hill to discuss her recent book " Unjust Debts: How Our Bankruptcy System Makes America More Unequal " .   They discuss the role of a bankruptcy systems in a modern society, value maximisation, personal bankruptcy, and Real vs Fake people in an insolvency. Join the conversation on Twitter or Link...

In this episode, Sheila Neder Cerezetti , Neder Cerezetti Advocacia; Isabel Picot , INSOL Fellow, Galdino, Pimenta, Takemi, Ayoub Salgueiro Rezende de Almeida; and Ana Elisa Laquimia , E. Munhoz Advogados, Brazil discuss the Brazilian legal architecture and in particular the Brazilian insolvency law framework. They discuss how effective the current insolvency law is, the challenges faced by insolv...

In this episode, we talk to Hon. Allan L. Gropper (ret.), US Bankruptcy Court SDNY, USA, and Hon. Paul Heath KC , Chief Justice of the Pitcairn Islands and Judge of the Court of Appeal of Tonga, New Zealand, about UNCITRAL's Model Law on Cross-Border Insolvency (MLCBI). We specifically focus on the somewhat controversial "public policy exception", and its treatment through legislati...

In this episode, Dr. Jennifer Gant, University of Derby, UK; Dr. Sulette Lombard, University of South Australia; and Prof. Dr. Rosa Maria Rojas Vertiz, ITAM, Mexico, discuss the challenges they faced, and still face as women in academia in the field of insolvency and restructuring. They give insight into overcoming obstacles unique to academia, alongside strategies for success for academic and pro...

Insolvency law plays a crucial role in the economy, facilitating the rescue of economically viable enterprises while promoting the value-preserving liquidation of non-viable firms. In his recent book titled ‘Reinventing Insolvency Law in Emerging Economies’ (CUP 2024), Professor Aurelio Gurrea-Martínez , Singapore Management University, observes that many emerging markets and developing economies...

In this episode ERA's Chair, Ilya Kokorin , Leiden University, The Netherlands, takes us back to basics to discuss cross-border insolvency protocols; their Nature, Legal Basis, Benefits & Limitations. Mentioned in this podcast: Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups , Ilya Kokorin & Bob Wessels Database of Insolvency Protocols Join the conversation o...

In this episode, Carlota Palazzo , Capdevila & Palazzo Abogados, Argentina; Hugo Sánchez Ramírez , Superintendente de Chile and Luis Palomino , Palomino, Flores, Hernandez Abogados, Mexico discuss the Insolvency Laws in their respective countries, and where they could be improved. This episode was recorded on 13 September 2024. Join the conversation on Twitter or LinkedIn using #INSOLTalks Fol...

Daniel Carnio Costa from Brazil, Susana Hidvegi Arango of HB Legal in Colombia, and Juan L. Goldenberg Serrano from Pontificia Universidad Católica de Chile discuss Airline Restructurings in Latin America, using examples of Avianca, LATAM Airlines, and Go First Airline. They also explore the options of restructuring in Latin America versus filing for Chapter 11 in the USA. Join the conversation on...

Prof. Antony Casey , University of Chicago and Prof. Ralph Brubaker , University of Illinois, USA, discuss the ground-breaking ruling of the U.S. Supreme Court in Harrington v. Purdue Pharma L.P . This ruling addresses the issue of non-consensual third-party releases in Chapter 11 plans of reorganisation. Prof. Casey and Prof. Brubaker discuss their conflicting opinions on this ruling, and the fut...

In this episode, Alisdair MacPherson and Donna McKenzie-Skene, University of Aberdeen, Scotland, discuss the intricacies of insolvency law in Scotland, including where it draws on UK law, and where it differs. Join the conversation on Twitter or LinkedIn using #INSOLTalks Follow INSOL ERA on Twitter @ERA_insol Follow on LinkedIn: Donna & Alisdair Interviewer: Charles Mak, Robert Gordon Univers...

In this episode, Kathlene Burke , Maples, Ireland, and Mylène Boché-Robinet , Boché Dobelle Advocats, France, draw from their extensive experience and achievements to offer insights into navigating the complexities of the male-dominated industry, alongside strategies for success and practical advice on overcoming challenges faced by women professionals in advancing their careers. Kathlene is the I...

In this episode, Aidan Larkin, Asset Reality, gives an overview of asset recovery, asset tracing and seized asset management. He discusses how he came into the world of asset recovery and how asset recovery can be used in cross-border insolvency cases. He also talks about the impact international co-operation and treaties such as the recent UNIDROIT interactions have had on digital or civil asset...

In this episode, Jessie Pool , Leiden University, The Netherlands, and Georg Wabl , Binder Grösswang, Austria, discuss their findings of empirical research regarding directors duties in insolvency law. They compare the laws of Austria and The Netherlands. Join the conversation on Twitter or LinkedIn using #INSOLTalks Follow INSOL ERA on Twitter @ERA_insol Follow on LinkedIn: Jessie & Georg Int...

In this episode, Sarah Paterson , London School of Economics; Virginia Torrie, University of Saskatchewan; and Kieran Tranter , Queensland University of Technology, give their perspectives and advice on submitting papers to Academic Journals. Our panellists are members of editorial boards of leading law journals.  This episode seeks to demystify the often opaque process of scholarly publishing, pr...

In this episode, Beth Streten talks to Jason Harris , University of Sydney, about the report published by the Parliamentary Joint Committee in Australia, which provides an overview of the current insolvency procedures in Australia, and how they can be improved. View the full report: www.aph.gov.au/parliamentary_business/committees/joint/corporations_and_financial_services Join the conversation on...

 In this episode, Ilya Kokorin talks to Alperen Gözlügöl , London School of Economics, UK about his recent paper "Climate Risk and Corporate Rescues" . Climate change is a topic rarely looked at through the lens of corporate failures or corporate rescue, but climate change poses risks to economies worldwide, including climate change related damages and mass failures of business enterpris...

In this episode, Shuai Guo talks to Sarah Gonem , Z & Co, Saudi Arabia, and Haroon Ahmed , Deloitte, UAE about the insolvency regimes in Saudi Arabia and the United Arab Emirates. Join the conversation on Twitter or LinkedIn using #INSOLTalks Follow INSOL ERA on Twitter @ERA_insol Follow us on LinkedIn: Sarah & Haroon Interviewer: Shuai Guo, China University of Political Science and Law, C...

In this episode, Shuai Guo talks to Eugenio Vaccari , Royal Holloway, University of London, UK; Jonatan Schytzer , Uppsala University, Sweden; and Keith MacMaster , Dalhousie University, Canada. Our guests discuss Insolvency and the Environment, where environmental laws are in conflict or lack compatibility with insolvency regimes. They discuss examples including mines in Sweden, and a pulp mill n...

In our latest podcast, Ilya Kokorin talks to Irit Mevorach , University of Warwick, UK, and Stephan Madaus , Martin Luther University Halle Wittenberg, Germany, about bank insolvencies, with reference to recent bank failures in 2023 such as Silicon Valley Bank and the rescue of Credit Suisse. Irit and Stephan also talk about the book they recently published, "Financial Institutions in Distres...

In this episode, Andre Boraine , University of Pretoria, South Africa, talks about the problems caused by reciprocity and reciprocal agreements when adopting the UNCITRAL Model Law, especially within the context of African countries. Join the conversation on Twitter or LinkedIn using #INSOLTalks Follow INSOL ERA on Twitter @ERA_insol Follow us on LinkedIn: Andre Interviewer: Ishana Tripathi, OP Ji...

In this episode, Aurelio Gurrea Martinez , Singapore Management University, Anthony J. Casey , University of Chicago, and Robert K. Rasmussen , University of Southern California, discuss their letter to UNCITRAL and a new approach to the choice of insolvency forum. Papers mentioned in this podcast: A Commitment Rule for Insolvency Forum , A. Gurrea Martinez; A Casey; R. Rasmussen Join the conversa...

In this episode, Bolanle Adebola , University of Reading, UK and Hamiisi Junior Nsubuga , City, University of London, UK, talk about the development of commercial law in Africa. Publications mentioned in this episode: Bolanle Adebola: Diversifying Rescue: Corporate Rescue and the Models of Receivership Transforming Perceptions: The Development of Pre-pack Regulations in England and Wales The Case...