As we publish our fourth quarter edition of the Newswire, global economic challenges abound. The International Monetary Fund last week warned that the world economy is heading toward a potentially severe recession as central banks aggressively raise interest rates, Russia's war in Ukraine continues, and supply chain disruptions persist.
In its World Economic Outlook report, the IMF lowered its global growth forecast for next year in the face of "steep challenges" and warned that "the worst is yet to come" for many countries. "Risks to the outlook remain unusually large and to the downside…while global tightening in financing conditions could trigger widespread emerging market debt distress."
With the IMF's warning ringing in our ears, in this issue we attempt to grapple with some of the knottier issues facing the restructuring landscape. We look at a recent decision in Delaware that impacts the ability of foreign companies to restructure in the US, Australian laws dealing with financial crimes in an economic downturn, and proposals in Canada to regulate high cost loans.
Our readers will also note in this issue that we have changed the name of our group from Financial Restructuring and Insolvency to the simpler title of Restructuring. We believe this new name more clearly reflects our group's broad mandate to handle the gamut of matters from out-of-court restructurings to more formal judicial proceedings. Other than the name change, our group remains hard at work advising our clients on issues brought on by the ongoing economic turmoil.
Good reading,
Howard Seife
Global Co-Head of Restructuring
Scott Atkins
Chair, Australia
Global Co-Head of Restructuring
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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