Oxford Business Law Blog

On May 17, 2020, the Indian Finance Minister announced a one-year suspension on the initiation of new proceedings under the Insolvency and Bankruptcy Code 2016 (‘IBC’), stating that an ordinance...

On April 28, the Spanish Government approved Royal Decree-Law 16/2020 (‘RDL 16/2020’), passing a series of insolvency, refinancing, corporate and procedural measures. The purpose of the legislation,...

In wake of the COVID-19 pandemic various countries are taking steps to modify the application of their insolvency laws. Many countries have taken steps to prevent the initiation of insolvency...

As with many countries trying to handle the current COVID-19 pandemic (on which see already this comparative analysis by Aurelio Gurrea-Martínez), and as but one measure to limit the economic fall-...

Just a month ago, the Federal Reserve pumped USD 75b into the financial markets on 15 September and the two following days. This extraordinary measure was taken to address a sudden spike in the so-...

On 13 April 2017, the German Parliament enacted a ‘Statute for a Simplified Treatment of Group Insolvencies’. It will enter into force on 21 April 2018 and will supplement the prescriptions of the...

Introduction On 1 June 2017 the European Commission and Italy reached an agreement ‘in principle’ on the recapitalization of Banca Monte dei Paschi di Siena (MPS). A mere week later, the Single...

Insolvency law is at the center of many important issues arising in the current context of economic stagnation, the crisis of the banking sector in some EU member States and the corporate debt crisis...

In this paper, we document a slowdown of entrepreneurial activity following the adoption of fraudulent transfer laws in the United States. Fraudulent transfers are viewed legally in two ways: actual...

This post comes to us from Jones Day. It has been co-authored by Ian F. Lupson, Barnaby C. Stueck, Tyrone R. Childress. On 1 August 2016, six years after it received Royal Assent, the UK Third...

The now famous Article 50 of the Treaty on European Union (‘TEU’) provides that, after receiving a Member State’s notification of the intention to withdraw from the EU, the EU will negotiate with...

I. Introduction This paper gives a very short summary of my forthcoming book (Principles of Cross-Border Insolvency Law, Intersentia 2017). It deals with a fascinating question: what are the...

The design of bankruptcy law may have a significant impact on people´s access to finance, the asset and capital structure of firms, and the level of innovation and entrepreneurship in a country. For...

The central clearing of OTC derivatives is a key element of the post-crisis financial markets reforms. It offers numerous benefits for financial stability including the multilateral netting of...

The ‘new approach to business failure’ is influencing tax law. When a taxable entity is distressed, Member States now enjoy flexibility in collecting VAT debts in order to facilitate rescue and to...

Financial law may not have been shaken, but it has certainly been seriously stirred over the last ten years. With some exaggeration, it might be contended that there has been no other area of law in...

In autumn 2015 the EU Cross-Border Insolvency Court-to-Court Cooperation Principles (‘EU JudgeCo Principles’) were published. These 26 (non-binding) principles encompass subjects such as the...

Two initiatives have recently been undertaken to harmonise by means of a directive some aspects of the substantive insolvency laws of the Member States. These initiatives are: a) the EU Commission’s...