To Our Clients and Friends:
As we begin the New Year, there is no shortage of concerns that create uncertainty as to the direction of the global economy. In the US we are seeing enormous volatility in the stock market, with a broad, swift market slide at the end of 2018. The US government faced a partial shutdown in a fight over a border wall at the Mexico border. And the Trump administration is in the midst of a trade war with China. Outside the US we are seeing a slowdown in growth in the economies of Japan, China and Europe. Britain is stumbling through Brexit and Italy through economic turmoil with consequences for its enormous bond obligations.
Such stress on the global economy only highlights the importance of increasing our understanding of the workings of the insolvency regimes throughout the world. In this issue we have articles emanating from Singapore, Australia, Canada, the United Kingdom and the United States. The US article focuses on developments in the use of the UNCITRAL Model Law on Cross-Border Insolvency. The law, enacted in the US as Chapter 15 to the Bankruptcy Code, is designed to assist in insolvencies involving companies with assets or creditors in more than one country.
The use of Chapter 15 by foreign insolvency representatives has grown exponentially with over 42 cases filed in the US in 2018. Foreign representatives sought recognition for insolvency proceedings from 19 different countries, including two or more each from Argentina, Brazil, the BVI, Canada, the Caymans, Germany, Singapore, and the United Kingdom. Of these 42 cases, 34 were granted recognition, 7 are still pending, and one petition was denied recognition. These Chapter 15 cases have been filed in courts throughout the US, with the most (21) filed in the Southern District of New York. The article, Review of significant Chapter 15 decisions in 2018, focuses on significant developments this past year in the interpretation and implementation of Chapter 15.
Given the current stress in our global economy, what better time to focus on the workings on the UNCITRAL Model Law?
All the best for the New Year.
Financial Restructuring and Insolvency