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With Regulation 2015/848[1] (the “Insolvency Proceedings Regulation”), the European Union (EU) has enacted a set of rules designed to establish jurisdiction in insolvency proceedings.

The Cayman Islands continues to be a leading jurisdiction for high-value cross-border insolvency and restructuring disputes, with the Grand Court (and appellate courts) frequently called upon to address complex and novel valuation issues.

Co-Chairs’ Corner

We're delighted to be catching you up on all the buzz from our ABI International Committee. From membership growth and event-planning to content creation and strategic engagement, we’ve been busy!

Here’s a roundup of what we’ve been up to:

New Member Spotlight

The International Committee community continues to grow! We’re excited to welcome our newest member to the committee:

McDermott International

The ABI International Latin America Insolvency Symposium took place in Mexico City, September 8-10, 2024, bringing together prominent bankruptcy judges and experienced practitioners.

Author’s Note: This is an edited excerpt from the author’s forthcoming master’s thesis, a larger-scope comparative study on “wrongful trading” in England under Insolvency Act 1986, s 214 and the tort of “deepening insolvency” in some U.S. states.

Co-Chairs’ Corner

Co-Chairs’ Corner

As your co-chairs, we are very excited to welcome new members to the committee, and we also look forward to connecting with longtime committee members. We thank those who have contributed articles to this newsletter (and to Simon Eickmann and Olya Antle for acting as editors).

Perhaps against expectations, 2024 included considerable bankruptcy activity in the U.S.

Meet the new Membership Relations Director, Charles Phiri

The first in a series of webinars focusing on insolvency topics across geographies, this session delves into issues and strategies affecting asset recovery. Hear from professionals active in countries across Latin America who will explain what legal, financial and logistical challenges they face in recovering assets, both domestically and across borders, and the tips and tools they use to overcome obstacles.

This panel provides an overview of some key issues, sectors and trends in real estate from a global and cross-border perspective by examining the status of asset class and related global/regional market conditions, issues confronting stakeholders and the legal tools they are using to manage and reposition assets, and predictions for the balance of 2025. Considerations for U.S. investors in non-U.S.-based real estate projects, as well as the perspectives of certain foreign investors or lenders to U.S. real estate-based projects, also is discussed.

Several U.S. bankruptcy courts recently have recognized CCAA reverse vesting orders in chapter 15 cases, but not without some reservations as to their breadth and effect. This panel will discuss the use of reverse vesting orders to effect asset sales in cross-border transactions.

Discover firsthand insights into insolvency in Africa. In this webinar, the panelists will showcase their countries' approaches, followed by engaging discussions on the pivotal roles and rights of stakeholders (creditors, employees and shareholders). Uncover essential perspectives and strategies that are reshaping the landscape of insolvency management worldwide. Don't miss out on this opportunity to gain actionable knowledge and network with industry leaders!

Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S.

Join us for an exhilarating exploration of the dynamic world of mediation and arbitration in restructuring and insolvency cases across common law and civil law jurisdictions. This abiLIVE webinar will delve into the different (supra)national legal frameworks shaping these processes, uncovering when and why mediation and arbitration is a game-changer, especially for cross-border and parallel proceedings. The panelists also will discuss types of mediators and selecting the most "effective" mediators based on case nuances and necessary interventions in the conflict.

This is the second in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the U.S. For this second webinar, the panelists will be examining the situation in Brazil, Canada, the Caymans and Mexico.

This is the first in a series of webinars that will cover key jurisdictions around the globe, focusing on developments you and your clients need to consider when thinking about bankruptcy-type proceedings in foreign jurisdictions. What you don’t know may hurt your clients, and you can’t just assume that the same rules apply as in the United States. For this first webinar, the panelists will be examining the situation in France, Germany, Ireland and the Netherlands.

This panel of experts will discuss and analyze asset-recovery issues in cross-border insolvency situations.

On February 8, 2023, Evelyn Meltzer and Kyle Ortiz, co-chairs for the International Committee, co-hosted the 2023 Look Ahead with members of the Asset Sales Committee. Evelyn and Kyle discussed what the committee has been up to as well as future events and speaking and writing opportunities for committee members. Additionally, Evelyn and Kyle discussed hot topics in international insolvencies for 2023. 

Kenneth D. Kraft

Kenneth D. Kraft

Co-Chair

Toronto, ON

Dentons Canada LLP

(416) 863-4374

Jennifer Jenkins

Jennifer Jenkins

Co-Chair

Road Town, Tortola,

Mourant

2848521709

Adam Swick

Adam Swick

Communications Manager

Austin, TX

Akerman LLP

(737) 999-7103

Tal Goldsmith

Tal Goldsmith

Education Director

London,

Stephenson Harwood LLP

+442078092894

Charles Phiri

Charles Phiri

Membership Relations Director

Johannesburg,

CP ADVISERS PTY LTD

27823989930

Olya Antle

Olya Antle

Newsletter Editor

Washington, DC

Cooley LLP

(202) 776-2056

Simon Eickmann

Simon Eickmann

Newsletter Editor

Munich,

PLUTA Management GmbH

15151616301

Evan J. Zucker

Evan J. Zucker

Special Projects Leader

New York, NY

Blank Rome LLP

(212) 885-5207

Gaurav Mankotia

Gaurav Mankotia

Special Projects Leader

Westbury, NY

BFSNG Law Group, LLP

(361) 277-9113

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