Welcome to our fourth quarter issue of the International Restructuring Newswire, where our lawyers from around the globe share their insights on issues facing all of us in the restructuring realm. Directors, for example, need to be particularly cognizant of their duties when the companies they serve are facing financial distress. These duties may well shift depending on the status of their company and the demands of creditors and other stakeholders. We take a close look at the dilemmas facing directors in two key jurisdictions—England and Singapore—and report on critical new key decisions coming out of the courts that should guide directors’ actions. We also examine critical new trends in the cross-border restructuring world: the use of the Netherlands WHOA in conjunction with a Part 26A UK restructuring plan; the new wave of liability management transactions (LMTs) in the US; and the growing dominance of private credit in the global market.
Good reading!
Howard Seife
Global Co-Head of Restructuring
New York
Scott Atkins
Global Co-Head of Restructuring
Sydney
Publication
On 24 October 2024, the Court of Justice of the European Union (CJEU) confirmed that the European Commission’s (the EC) 2009 decision, which imposed a (then record) €1.06 billion fine on Intel, was flawed as far as it found that loyalty rebates granted by Intel had anti-competitive effects.
Publication
The Dutch tax classification system for non-Dutch entities will undergo significant changes as of 1 January 2025.
Publication
In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.
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