Making and Enforcing International Schemes of Arrangement

Journal of International Banking Law and Regulation, No. 9, p. 434, 2011

10 Pages Posted: 19 Aug 2011

Date Written: August 19, 2011

Abstract

While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the scheme jurisdictional basis and hurdles in light of Council Regulation (EC) 1346/2000 on insolvency proceedings and Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Judgments Regulation), and also considers the recognition of English schemes abroad.

Keywords: Cross-border insolvency, English schemes of arrangement, EU Insolvency Regulation, Brussels Regulation

JEL Classification: K10, K11, K12, K19, K20, K29, K30, K33, K39, K40, K41, K49

Suggested Citation

Ho, Look Chan, Making and Enforcing International Schemes of Arrangement (August 19, 2011). Journal of International Banking Law and Regulation, No. 9, p. 434, 2011, Available at SSRN: https://ssrn.com/abstract=1912516

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

38/F Gloucester Tower
The Landmark
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Hong Kong
+852 2526 3071 (Phone)
+852 2810 5287 (Fax)

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