Oxford Business Law Blog

From a functional law and economics perspective, the recent European restructuring directive (the ‘Directive’) brings both welcome innovations and multiple pitfalls. Its final text bears the traces...

On 27 June 2019, the University of Cambridge Faculty of Law hosted the 2nd SMU–3CL Cambridge Roundtable on Corporate Insolvency Law. This roundtable is an initiative jointly organised by the...

On January 10, 2019, the Italian Government enacted the Business Distress and Insolvency Code (the Code). The Code was drafted taking into account the then existing draft of the recently adopted EU...

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...

The Conference on European Restructuring and Insolvency Law (CERIL) published a report on ‘Cross-border Restructuring and Insolvency post-Brexit’ on 12 December 2018. The report highlights the...

In May 2016 the Insolvency Service issued a consultation on the corporate insolvency framework in the UK (for discussion see Part I and Part 2 of an earlier OBLB blog by this author). This was...

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...

In the next month, the US Treasury Department is expected to decide whether to seek to replace the 2010 Dodd-Frank Act’s regulator-led process for resolving failed mega-banks with a solely court-...

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 ‘Pari Passu Undone: Game-Changing Decisions for Sovereigns in Distress’, which appears in Issue No. 3 of the ‘Cleary Gottlieb Emerging Markets Restructuring Journal’, published by Cleary Gottlieb...

Technological shocks, import competition, and shifts in regulatory policies lead with increasing frequency to radical change in economic environment and major industry shakeouts. Whether firms...

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...

The Conference of European Restructuring and Insolvency Law (CERIL) has recently been founded as an independent non-profit, non-partisan, self-supporting organisation of approximately 75 lawyers and...

On 22 November 2016, the European Commission published a draft directive on insolvency, restructuring and second chance (the ‘Proposals’). What are the Proposals? The Proposals have three main parts...

The European Commission has recently presented a set of European rules on business insolvency, as part of the Capital Markets Union Action Plan and the Single Market Strategy. The full proposal for...

This post comes to us from Freshfields Bruckhaus Deringer LLP. It has been co-authored by the following Partners at Freshfields Bruckhaus Deringer: Ken Baird, Richard Tett, Catherine Balmond, Ryan...