In this episode, we talk to Hon. Allan L. Gropper (ret.), US Bankruptcy Court SDNY, USA, and Hon. Paul Heath KC, Chief Justice of the Pitcairn Islands and Judge of the Court of Appeal of Tonga, New Zealand, about UNCITRAL's Model Law on Cross-Border Insolvency (MLCBI). We specifically focus on the somewhat controversial "public policy exception", and its treatment through legislation and case in the US, Australia and New Zealand.

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Interviewer: Ishana Tripathi, O.P. Jindal Global University, India
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

In this episode, Dr. Jennifer Gant, University of Derby, UK; Dr. Sulette Lombard, University of South Australia; and Prof. Dr. Rosa Maria Rojas Vertiz, ITAM, Mexico, discuss the challenges they faced, and still face as women in academia in the field of insolvency and restructuring. They give insight into overcoming obstacles unique to academia, alongside strategies for success for academic and professional growth and advancing in the field.

This episode originally aired as part of the INSOL ERA TAG Panel series on 15 November 2024.

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Interviewer: Elizabeth Streten, Queensland University of Technology & Defne Taşman, University of Antwerp, Belgium
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

Insolvency law plays a crucial role in the economy, facilitating the rescue of economically viable enterprises while promoting the value-preserving liquidation of non-viable firms. In his recent book titled ‘Reinventing Insolvency Law in Emerging Economies’ (CUP 2024), Professor Aurelio Gurrea-Martínez, Singapore Management University, observes that many emerging markets and developing economies lack efficient insolvency frameworks. He argues that “the failure of insolvency law in many emerging economies is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies.” The book ultimately proposes that insolvency law needs to be ‘reinvented’ in emerging economies.

This TAG Panel featured a discussion of Professor Gurrea-Martínez’s book with some of the leading experts in the field of insolvency law: Prof. Juanitta Calitz, University of Johannesburg, South Africa; Sumant Batra, Insolvency Law Academy, India; and Scott Atkins, INSOL Fellow, Norton Rose Fulbright, Australia.

Reinventing Insolvency Law in Emerging Economies’ (CUP 2024)
Order this book before 31 December 2024 for a 20% discount. Enter the code RILEE23 at the checkout.

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Follow our speakers on LinkedIn: Aurelio, Juanitta, Scott, Sumant
And on X: @agurreamartinez, @scottatkinsnrf, @sumantbatra

Interviewer: Ilya Kokorin, Leiden University, The Netherlands
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

In this episode ERA's Chair, Ilya Kokorin, Leiden University, The Netherlands, takes us back to basics to discuss cross-border insolvency protocols; their Nature, Legal Basis, Benefits & Limitations.

Mentioned in this podcast:
Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups, Ilya Kokorin & Bob Wessels

Database of Insolvency Protocols

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Interviewer: Ishana Tripathi, O.P. Jindal Global University, India
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

In this episode, Carlota Palazzo, Capdevila & Palazzo Abogados, Argentina; Hugo Sánchez Ramírez, Superintendente de Chile and Luis Palomino, Palomino, Flores, Hernandez Abogados, Mexico discuss the Insolvency Laws in their respective countries, and where they could be improved.

This episode was recorded on 13 September 2024.

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Interviewer: Shuai Guo, China University of Political Science & Law, P.R. China
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

Daniel Carnio Costa from Brazil, Susana Hidvegi Arango of HB Legal in Colombia, and Juan L. Goldenberg Serrano from Pontificia Universidad Católica de Chile discuss Airline Restructurings in Latin America, using examples of Avianca, LATAM Airlines, and Go First Airline. They also explore the options of restructuring in Latin America versus filing for Chapter 11 in the USA.

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And on X: @danielcarnio

Interviewer: Shuai Guo, China University of Political Science & Law, P.R. China
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

Prof. Antony Casey, University of Chicago and Prof. Ralph Brubaker, University of Illinois, USA, discuss the ground-breaking ruling of the U.S. Supreme Court in Harrington v. Purdue Pharma L.P. This ruling addresses the issue of non-consensual third-party releases in Chapter 11 plans of reorganisation. Prof. Casey and Prof. Brubaker discuss their conflicting opinions on this ruling, and the future of consensual and non-consensual third-party releases in the United States.

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Interviewer: Ilya Kokorin, Leiden University, The Netherlands
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

In this episode, Alisdair MacPherson and Donna McKenzie-Skene, University of Aberdeen, Scotland, discuss the intricacies of insolvency law in Scotland, including where it draws on UK law, and where it differs.

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Interviewer: Charles Mak, Robert Gordon University, Scotland
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

In this episode, Kathlene Burke, Maples, Ireland, and Mylène Boché-Robinet, Boché Dobelle Advocats, France, draw from their extensive experience and achievements to offer insights into navigating the complexities of the male-dominated industry, alongside strategies for success and practical advice on overcoming challenges faced by women professionals in advancing their careers.

Kathlene is the IWIRC Europe Chair, and Mylène is the Chair of Women in Restructuring (France)

This episode originally aired as part of the INSOL ERA TAG Panel series on 4 June 2024.

Find out more about the International Women's Insolvency and Restructuring Confederation (IWIRC)

Find out more about Women in Restructuring (WIR)

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Interviewer: Elizabeth Streten, Queensland University of Technology & Defne Taşman, University of Antwerp, Belgium
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov

In this episode, Aidan Larkin, Asset Reality, gives an overview of asset recovery, asset tracing and seized asset management. He discusses how he came into the world of asset recovery and how asset recovery can be used in cross-border insolvency cases. He also talks about the impact international co-operation and treaties such as the recent UNIDROIT interactions have had on digital or civil asset tracing and recovery.

Make sure you listen to Aidan's podcast "Seize & Desist"

Mentioned in the podcast:
CFAAR
UK Government fact sheets
Asset Reality Website

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Interviewer: Ishana Tripathi, OP Jindal Global University, India
Introduction and credits voiced by Lisa McNeil, INSOL International
Edited and produced by Harriet Norman, INSOL International

Music by jorikbasov