Oxford Business Law Blog

No private business would arrange its service delivery in such a way that the cost to customers knowingly exceeded the budgets of its target market. And no private business would knowingly allow its...

The Business & Liability Research Network (BLRN)—a partnership between the Company Law department and the Business Studies department of the Leiden Law School—is launching its call for proposals...

Soft law instruments are increasingly prevalent in the area of restructuring and insolvency law. These instruments, all embodied in legally non-binding texts, often originate from so-called standard-...

The last week of March 2019 will be of unparalleled suspense for the European (cross-border) insolvency community. Only one day before the originally planned Brexit date, the European Parliament will...

Under the new Insolvency and Bankruptcy Code, the Insolvency and Bankruptcy Board of India has a statutory responsibility to collect, maintain, and disseminate data about the new insolvency and...

The Gibbs Rule is back in the global spotlight. This English common law rule dates back to a decision in Anthony Gibbs & Sons v La Societe Industrielle et Commerciale des Metaux issued in 1890...

A common objective for many bankruptcy systems in developed countries is to provide a ‘fresh-start’ for the debtor. Often, this goal is seen as particularly important for entrepreneurs and those...

Transaction avoidance rules are widely thought to be an important tool in the regulation of related party transactions entered into by an insolvent or near insolvent firm. Such rules offer direct...

The European Commission has funded a project to study ‘semi-formal’ insolvency proceedings in four EU countries (Germany, Italy, Spain, and the UK) to collect the best empirical data available in...

An age-old question in international finance is that of what happens to a despotic government’s debts when the despots are vanquished and the good guys take over. Do the good guys have to pay the...

A recent decision of the Privy Council dismissing the claim of liquidators of an insolvent hedge fund to claw back redemption payments made to an investor leaves lingering uncertainties for investors...

A recent decision of the Hungarian Curia (BH 2017.97) concerned an important question of European private international law: what is the effect of the opening of insolvency proceedings on...

Since the global financial crisis, insolvency and restructuring law have been at the forefront of law reform initiatives in Europe and elsewhere. The specific topic of business rescue ranks top on...

In 2015, the number of Israeli debtors who were insolvent was nearly 75,000, and the number of bankruptcy applications stood at 50,296; all together, 2.2% of the total population in Israel looked to...

For creditors, insolvency proceedings hold the promise of a peaceful afterlife. If their debtor fails to satisfy their claim, an impartial liquidator will take over and, to the extent possible and in...

In several jurisdictions, employees’ claims for unpaid wages and contributions are entitled to preferential treatment over other creditors. Employees, however, may also be protected through social...

In debt restructurings, the question frequently arises as to whether a lender can be considered a shadow director (de facto director) as a result of the latter's involvement in the rescue of the...

Introduction The Sapin II Act of November 8 2016 amended the regime governing directors' liability in an insolvency scenario in order to encourage the recovery of honest directors of failed...

As Oscar Couwenberg and Stephen Lubben have demonstrated, foreign firms commonly file bankruptcy in the US in order to take advantage of Chapter 11 of the Bankruptcy Code. But critics outside the US...