Corporate restructuring law in flux
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English corporate restructuring law has changed dramatically over the past three years. The Corporate Insolvency and Governance Act 2020 made significant changes to the domestic law, introducing two new, restructuring-oriented procedures for distressed companies (the freestanding moratorium in Part A1 of the Insolvency Act 1986, and the restructuring plan procedure in Part 26A of the Companies Act 2006), and significantly altering long-established rules on the treatment of executory contracts in insolvency. At the cross-border level, Brexit further complicated the already thorny question of the reception of English restructuring proceedings in the EU. At the same time, other jurisdictions – both within and outside the EU – have also been experimenting with restructuring law reform, reviving old debates about the optimal design of such procedures within states, and about the optimal approach to securing coordination between states in cross-border cases.
The conference will feature draft papers by a range of authors on various topical issues relating to the design and application of corporate restructuring procedures, both at the domestic and cross-border level. A senior practitioner and/or insolvency and restructuring law scholar will act as discussant for each paper. The papers will form part of a book, to be published by Hart, Corporate restructuring law in flux, edited by Jennifer Payne and Kristin van Zwieten. The event is part of a broader project, led by van Zwieten and Payne, that seeks to contextualise and evaluate recent developments in English law, drawing on a range of comparative and theoretical perspectives.
The event is invitation-only. If you would like to attend, please write to clc@hmc.ox.ac.uk.
The conference is supported by funds generously donated by Travers Smith and by the Commercial Law Centre at Harris Manchester College.