Search results for

Over the course of the last six months our team of financial law journalists in London, Hong Kong and New York have conducted interviews with lawyers, industry figures and inhouse counsel active in the relevant sectors to source their opinions not only on law firm performance but also the state of the industry in their respective countries and regions and what they see as the main talking points, challenges and areas of activity.

Below you will find quick links to the findings of our 2015 guide to Energy and infrastructure research.

Below you will find quick links to the findings of our 2015 guide to Energy and infrastructure research.

Below you will find quick links to the findings of our 2015 guide to Energy and infrastructure research.

Below you will find quick links to the findings of our 2015 guide to Energy and infrastructure research.

Below you will find quick links to the findings of our 2015 guide to Energy and infrastructure research.

There are two primary types of business insolvency proceedings under title 11 of the United States Code (Bankruptcy Code): chapter 11 and chapter 7 proceedings.

Part 5.1 of chapter 5 of the Corporations Act 2001(Cth) contains provisions for compromises or arrangements between a company and its creditors or the company and its members. These are generally called schemes. The scheme approval process is controlled by the court that orders the holding of meetings of creditors, classes of creditors or members. The court must also approve the information to be sent to creditors in relation to the scheme. A liquidator can also promote a scheme.

Bankruptcy is regulated by articles 437 to 592 of the Commercial Code. Bankruptcy may be initiated by the debtor itself, by the public prosecutor or by a creditor. The procedure applies to a debtor who meets both of the following criteria: (i) not being able to pay due debts; and (ii) not being able to raise credit. The Commercial Chamber of the District Court (court) will appoint a bankruptcy trustee in charge of the bankruptcy and a judge to supervise the proceedings on granting the petition. Its aim is to realise the debtor's assets and pay the creditors through the recovered assets.

The Chinese Enterprise Bankruptcy Law (Bankruptcy Law) sets out three types of bankruptcy proceedings for firms in financial trouble: liquidation, reorganisation, and reconciliation. The debtor or any of its creditors may file for liquidation or reorganisation when the debtor becomes insolvent. Reorganisation may also be commenced if the debtor is in imminent insolvency. Only the debtor itself may file for reconciliation. Reconciliation is a process whereby the debtor renegotiates the terms of its debt with the creditors to reach a reconciliation plan, which will be binding upon all creditors once approved by the creditors' meeting and the court. Reconciliation cases are very rare in practice.