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Legal analysis by Harneys lawyers
by Chai Ridgers

Restructuring and Insolvency - The Pacific Andes saga: forum shopping, Chapter 11 and just and equitable winding up

‘Forum shopping’ can lead to some fierce jurisdictional battles particularly in insolvency where the choice can be stark between debtor and creditor friendly procedures. This is the scenario with which the BVI Commercial Court has been...

Restructuring and Insolvency - The Indah Kiat Scheme – Inadequate Notice and Much More

The recent judgment by Mr Justice Snowden in the English case of Indah Kiat International Finance Company B.V. [2016] EWHC 246 (Ch) (Indah Kiat) adjourning the convening hearing in respect of a scheme of arrangement highlights the importance of providing...

Litigation - China Shanshui: a change of direction for company winding up petitions in the Cayman Islands

In an already widely-discussed decision of the Cayman Islands Grand Court, Mangatal J parted company this week with one of her fellow judges by declining to follow Jones J’s first instance judgment in the Cayman case of Re China Milk Products Group Ltd.

Asia - Schemes: Recognition or parallel schemes of arrangement

This article from Harneys Hong Kong discusses the circumstances in which an offshore debtor may consider to implement a parallel scheme of arrangement in its jurisdiction of incorporation and in the jurisdiction concerning its debt obligations.

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