
International Insolvency Institute
By International Insolvency Institute


Ideas in Print Series: Lydia Tsioli's Book
This episode, part of a new sub-series ofpodcasts focused on recent publications by our members, features an interviewwith Dr.Lydia Tsioli on her book, Viabilityin Corporate Debt Restructuring Law (Edward Elgar Publishing, 2025).
This book presents the first holistic and comprehensive analysis of corporate debt restructuring law through the lens of viability. In the accompanying podcast, Lydia explores how the concept of viability can—and should—serve as a guiding principle in corporate debt restructuring law.
Her analysis addresses a gap, namely that viability has been a largely unexplored notion in European and English scholarship, while in the US there has not yet been any systematic examination of the Chapter 11 provisions through the lens of viability. In light of this, Lydia examines US and UK frameworks, as well as the European Directive on restructuring and insolvency, to uncover, critically evaluate and make proposals on how they should optimally reflect viability on their provisions. Her proposals can inform both the forthcoming review of the European Directive in 2026 and the ongoing development of American and English restructuring law.
The book provides a clear definition ofviability by distinguishing between financial viability and economic viability and establishes its role within the corporate debt restructuring architecture. Itconsiders practical ways in which viability should be embedded in a legal framework, explaining why it matters for legal design, and how the intensity of viability assessment varies across the different stages of a restructuring.Furthermore, it analyses the role of the parties involved in a restructuring process, including the role of the courts.
The podcast is introduced by NextGen’s co-chair,Olya Antle of Cooley, and moderated by Dr. EugenioVaccari (Royal Holloway, University of London). It was recorded in December 2025, with information accurate at the time of recording.

Ideas in Print: Dr. Eugenio Vaccari and Prof. Laura N. Coordes
This episode, part of a new sub-series of podcasts focused on recent publications by our members, features an interview with Prof. Laura N. Coordes (Arizona State University) and Dr. Eugenio Vaccari (Royal Holloway, University of London) on their latest book, Municipalities in Financial Distress: An Environmental, Social and Governance Critique (Edward Elgar Publishing, 2025). The book is available open access, and it has been jointly written with Prof. Yseult Marique (University of Essex) and Prof. Geo Quinot (Stellenbosch University).
The book looks at municipal distress in the USA, UK and South Africa, and argues that long-term recovery and sustainability for municipalities in financial distress requires a modularly tailored decision-making process, incorporating environmental, social, and governance (ESG) considerations. In the podcast, the authors explain that municipalities face unique challenges compared to corporations: they cannot liquidate, must continue providing essential services, and their failure undermines local democracy. Financial distress disproportionately affects vulnerable citizens, making social consequences immediate and severe.
The discussion highlights why ESG principles are crucial for municipalities. Unlike corporations, councils manage planning, waste, and social care, making environmental and social resilience a public good. Governance failures—such as those seen in Croydon and Birmingham—underscore the need for stronger accountability and transparency.
The episode compares the US and UK frameworks. The US has Chapter 9, a formal insolvency procedure allowing debt adjustment, but municipal bankruptcies remain rare due to political reluctance and strict eligibility rules. Detroit’s case illustrates both the potential and limitations of Chapter 9, showing the importance of negotiated solutions and public service obligations. In contrast, the UK relies on Section 114 notices, a late-stage, punitive regime that freezes spending and undermines local democracy without offering restructuring options. Both systems are criticised for being reactive and financially focused, rather than preventive and sustainability-oriented. The authors call for reforms: early-warning mechanisms, court-supervised restructuring, embedding ESG principles in turnaround plans, and strengthening governance and audit frameworks. They stress that local authorities are critical social infrastructure, and failure is not merely financial but societal.
The podcast is introduced by NextGen’s co-chair, Gemma Bellfield of Ogier, and moderated by Francesca Burigo of Università eCampus. It was recorded in December 2025, with information accurate at the time of recording.

Idea's in Print: Ilya Kokorin's Book Intra-Group Financing and Enterprise Group Insolvency
This episode, the first one of a new sub-series of podcasts focused on recent publications by our members, features an interview with Dr. Ilya Kokorin (Dutch Authority for the Financial Markets) on his latest book, Intra-Group Financing and Enterprise Group Insolvency (Edward Elgar Publishing, 2025).
Ilya’s book explores common intra-group financial transactions—such as intra-group loans and cross-guarantees—and their treatment in the insolvency and restructuring of multinational enterprise groups. During the podcast, Ilya explains that while individual companies within a group have separate legal personalities, the group as a whole does not, even when it is highly financially or operationally integrated (as in the case of Lehman Brothers, among others). He argues that insolvency frameworks should recognise the integrated nature of corporate groups to prevent value loss. In other words, insolvency laws need to overcome their current “entity bias” to truly maximise value. The podcast also addresses the importance and controversy surrounding third-party releases, as well as the critical role of cooperation and communication in group insolvencies. Finally, it highlights pragmatic and innovative solutions that practitioners may consider when dealing with complex group insolvency scenarios.

Case Study Sapura
This episode features a conversation with Jo Tay. Jo is Partner at Allen & Gledhill in Singapore as well as a III NextGen member. Jo specialises in cross-border restructuring and insolvency.
This episode offers an in‑depth exploration of the complex interaction between arbitration and insolvency, using the Sapura Fabrication case as a central point of reference. In that matter, the Singapore courts considered whether arbitration claims could proceed despite moratoriums imposed during ongoing cross‑border restructuring procedures, ultimately highlighting the delicate balance between respecting arbitration agreements and preserving the integrity of insolvency regimes. The discussion reflects how the Sapura litigation has contributed to the wider debate on when courts should permit carve‑outs from moratoriums and the broader implications this has for both creditors and debtor companies engaged in restructuring efforts.
The episode also examines the recently introduced Restructuring and Insolvency Arbitration (RIA) Protocol, launched by the Singapore International Arbitration Centre (SIAC) in 2025. Designed specifically for disputes arising in restructuring, debt adjustment, or insolvency contexts, the Protocol aims to streamline arbitral procedures by shortening timelines and adapting standard SIAC Rules to the unique pressures of insolvency situations, where speed and efficiency may be crucial to preserving value. The conversation considers how this innovative framework may influence future practice, particularly in cases where arbitration and insolvency objectives intersect or potentially conflict.

Case Study Samarco
This episode features a conversation with Sabrina Becue, a post-doctoral researcher at the University of São Paulo, and Eugenio Vaccari, Associate Professor at Royal Holloway, University of London. Both Sabrina and Eugenio are III NextGen members.
The podcast explores the complex cross-border legal fallout of the Samarco dam collapse, bringing together Brazilian and UK perspectives on one of the most significant environmental and insolvency cases of the past decade. Our guests discuss how Brazil’s innovative yet controversial response—including the creation of Fundação Renova and the separation of environmental liabilities from Samarco’s judicial reorganisation—reshaped the role of insolvency law in mass-damage events. We also examine the parallel litigation in England, where more than 600,000 claimants pursued BHP’s parent companies, raising questions of jurisdiction, applicable law and parent-company liability. Through this conversation, the podcast highlights the interaction between environmental obligations, corporate governance, restructuring frameworks and access to justice across borders.
The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley, and moderated by Francesca Burigo, Professor of Business Law at University eCampus in Italy. It was recorded in early February 2026, with information accurate at the time of recording.

Case Study Chinese Property Market (Evergrande)
This episode features a conversation with Alex Huang, a legal scholar and Global Academic Fellow at the Faculty of Law, the University of Hong Kong, and the winner of the Gold Medal for the III Prize in International Insolvency Studies in 2025.
The Evergrande case illustrates the dynamics of the Chinese property market bubble, in which residential property came to be treated primarily as an investment asset, with many purchasers paying for homes before construction had even begun. This speculative confidence in ever rising housing prices collapsed in the mid2010s, exposing the vulnerabilities of highly leveraged developers such as Evergrande. While the parent company and its offshore subsidiaries have entered liquidation, the group’s property management arm remains outside insolvency proceedings. The podcast examines the effectiveness of early court orders made against Evergrande’s former chairperson and founder, and explains the absence of any consolidation of proceedings within mainland China, noting in particular why recognition of foreign insolvency processes would be inappropriate in this context. A central concern for both the Chinese government and local authorities is ensuring the completion of presold homes, and although the sector remains under pressure, there are signs of gradual stabilisation within the wider property market.-rising housing prices collapsed in the mid-2010s, exposing the vulnerabilities of highly leveraged developers such as Evergrande. While the parent company and its offshore subsidiaries have entered liquidation, the group’s property management arm remains outside insolvency proceedings. The podcast examines the effectiveness of early court orders made against Evergrande’s former chairperson and founder, and explains the absence of any consolidation of proceedings within mainland China, noting in particular why recognition of foreign insolvency processes would be inappropriate in this context. A central concern for both the Chinese government and local authorities is ensuring the completion of pre-sold homes, and although the sector remains under pressure, there are signs of gradual stabilisation within the wider property market.
The podcast is introduced by NextGen’s co-chair, Gemma Bellfield of Ogier, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early February 2026, with information accurate at the time of recording.

Case Study Fossil
This episode features a conversation with Andrew Kissner and Kat Burke. Andrew is of counsel at Morrison Foerster, as well as a III NextGen member. He has represented debtors, ad hoc groups, official committees, and individual investors in large chapter 11 and chapter 15 filings. Kat recently set up her own law firm, Burke Legal. A III member, she is a Dublin-based cross-border restructuring and insolvency specialist qualified to provide strategic business rescue and enforcement advice across Ireland, England and Wales, the United States and the BVI, and currently serves as Chair of the CERIL delegation to UNCITRAL Working Group V.
This episode unpacks the Fossil restructuring plan and its significance for cross‑border insolvency practice. The conversation explores how the plan offers an alternative pathway for resolving collective action problems, especially in light of U.S. constraints such as the absolute priority rule and the post‑Purdue uncertainty surrounding third‑party releases that has driven companies like Fossil to consider English restructuring plans. The speakers discuss the English courts’ approach to the “sufficient connection” test and examine renewed U.S. debate over introducing a new Chapter 16 procedure—a proposal aimed at creating a streamlined mechanism for bond restructurings, addressing limitations of the Trust Indenture Act, and potentially offering companies a more efficient alternative to Chapter 11 in cases like Fossil’s. The episode concludes with insights into how U.S. courts interpret the public‑policy exception when reviewing foreign restructuring outcomes, adding further nuance to the strategic forum choices companies now face. The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in mid February 2026, with information accurate at the time of recording.

Case Study Protopapaps
This episode features a conversation with Martha Wyrick, counsel in the Restructuring Practice Group in the Dallas office of Haynes Boone, and Eugenio Vaccari, Associate Professor at Royal Holloway, University of London. Both Martha and Eugenio are III NextGen members.
The podcast examines the Protopapas litigation through both US and English lenses, exploring how cross‑border mass‑tort disputes challenge long‑standing principles of corporate separateness and jurisdiction. Our guests discuss the expanding use of South Carolina receiverships as a mechanism to pursue claims against foreign parent companies, the resulting jurisdictional tensions, and the broader implications for multinational groups facing legacy asbestos liabilities. From the United States’ more flexible approaches to enterprise and alter‑ego theories to the English courts’ strict adherence to Salomon and Adams v Cape, the conversation highlights how these contrasting legal frameworks shape parent‑company exposure, comity concerns, and the limits of using insolvency or procedural tools to manage complex global tort risks.
The podcast is introduced by NextGen’s co-chair, Gemma Bellfield of Ogier, and moderated by Francesca Burigo, Professor of Business Law at University eCampus in Italy. It was recorded in early February 2026, with information accurate at the time of recording.

MSE Insolvencies in Chile
This episode features a conversation with Roberto Villaseca, III NextGen Member, Partner of Carey LL.P. and Civil Law professor at Pontificia Universidad Católica de Chile.
In this episode, Roberto offers a detailed and candid analysis of Chile’s 2023 MSME insolvency reform, emphasising that while the new simplified reorganisation and liquidation procedures reduce costs and accelerate timelines, they have not yet shifted the deeper structural barriers that keep small businesses from using restructuring tools effectively. He explains that the elimination of audits, mandatory creditors’ meetings and certain liquidation steps, along with digital‑first processes and a roster of lower‑cost Veedores, has created a more accessible procedural framework, yet uptake for reorganisation remains strikingly low due to the continued absence of workable financing options and the dominance of banks in Chile’s credit market. Roberto discusses the limited scope of discharge, the challenges posed by regulatory gaps, the judiciary’s emerging reluctance to accept asset‑poor cases, and tensions around excluded debts such as state‑guaranteed student loans. Reflecting on lessons for other jurisdictions, Roberto stresses that procedural streamlining alone cannot transform outcomes: policymakers must address the economic realities confronting small businesses by ensuring access to financing and covering unavoidable administrative expenses. As he succinctly puts it, “regimes for struggling entrepreneurs must change the market dynamics — it’s not simply about procedures”.
The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early March 2026, with information accurate at the time of recording.

MSE Insolvencies in Singapore
This episode features a conversation with Daniel Liu, III Member and Partner in the Restructuring & Insolvency and Special Situations Advisory Practices of Wong Partnership.
Singapore’s simplified insolvency programme for micro and small enterprises (MSEs), introduced in the wake of the COVID‑19 pandemic, aims to facilitate the restructuring of liabilities and business operations through a cost‑effective and streamlined process. Court involvement is intentionally minimal, with insolvency practitioners expected to work for very modest fees, and the procedure focuses on negotiations with a specific group of creditors—mainly suppliers and financial institutions, with tax authorities rarely part of these discussions. In practice, the process often leads to schemes of arrangement or operational turnarounds that provide additional time for debt repayment, although banks have generally been reluctant to cooperate. The regime also presents practical challenges where businesses are owned by foreign entrepreneurs with limited English proficiency, as language barriers can hinder engagement with the process. Since its introduction, the rules have been amended several times, and further reforms are anticipated, including a likely increase to the eligibility thresholds for companies seeking to participate.
The podcast is introduced by NextGen’s co-chair, Gemma Bellfield of Ogier, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early February 2026, with information accurate at the time of recording.

MSE Insolvencies in Japan
This episode features a conversation with Kotaro Fuji, Partnerat Nishimura & Asahi in Tokyo, on the Japanese law and practice around the restructuring of SMEs. Japan’s approach to SME restructuring differs from other jurisdictions that have created SME-specific statutory restructuring regimes. Japan does not have an SME-specific insolvency or restructuring statute. Instead, what Japan has is legally non-binding guidelines and procedural practices standardized for SME restructuring. During the podcast, Kotaro describesthe operation of the SME Revitalization Councils, as well as the introduction of the SME Turnaround Guidelines (2022) and the treatment of new finance and personal guarantees in these proceedings. The podcast concludes with an assessment of the recently enacted and soon-to-be-implemented Early-Stage Business Restructuring Act.
The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley LLP, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early December 2025, with information accurate at the time of recording.

MSE Insolvencies in Australia
This episode features a conversation with Harry Lawless, a III NextGen member and Senior Associate at Norton Rose Fulbright Australia. The discussion explores the distinctive features of the Australian corporate framework for MSEs in financial distress. Harry explains the eligibility requirements, examines the advantages and limitations of the short moratorium regime and the types of creditors to which it applies, and outlines why the legislator adopted a debtor-in-possession (DIP) model despite Australia’s traditional preference for a practitioner-in-possession (PIP) approach. He also discusses the supervisory role of the restructuring advisor, who must be a qualified insolvency practitioner. The episode concludes with reflections on the framework’s success rate—initially slow but increasing markedly since 2023—and on the continuing need for reform.

MSE Insolvencies in Spain
This episode features a conversation with José Carles, a III member, a Spanish lawyer, chartered economist, and court-appointed insolvency practitioner, as well as co-founder of the legal boutique CARLES | CUESTA, on the recent reforms to the Spanish’s insolvency framework for MSEs. The discussion highlights the peculiarities of the Spanish corporate framework, and the innovations introduced by the new law. During the conversation, José highlights the controversies surrounding the introduction of the new system, and particularly the lack of any involvement from insolvency practitioners. He also discusses the difficulties in using the new digital platform created for MSE insolvencies, but also mentions some of the benefits associated with the Spanish simplified liquidation and restructuring framework.

MSE Regime in India
This episode features a conversation with Ishana Tripathi, a III NextGen member affiliated with SAM & Co., where she is Director of Research & Innovation, and Adjunct Professor at both NALSAR University of Law and Jindal Global Law School in India, on the recent reforms to Indian’s insolvency law. The discussion highlights the peculiarities of the Indian corporate and insolvency regime. During the conversation, Ishana highlights the role that pre-packaged reorganisations play in ensuring the success of MSE reorganisation. Reference is also made to the challenges raised by the COVID-19 pandemic, the difficulties arising from the implementation of the Indian Bankruptcy Code, as well as the areas (such as individual bankruptcy) where further reforms are desirable. The interview also highlights the drive towards digitalisation of the Indian insolvency framework, and the peculiarities of the Indian lending market, especially for MSEs.

MSE Regime in Myanmar
This episode features a conversation with Lee Jun Yee, Partner at Allen & Gledhill in Myanmar, on the recent reforms to Myanmar’s insolvency law. The discussion highlights the enhanced role of mediators and the adoption of the UNCITRAL Model Law on Cross-Border Insolvency, before turning to the specific implications for micro and small enterprises (MSEs). The episode explores the options now available to both incorporated and unincorporated entities, the progress towards digitalisation, and the evolving role of courts and judges in supporting this transformation. Other key topics include the treatment of interim finance and the discharge process for individuals and companies. The conversation concludes with reflections on how the COVID-19 pandemic and the country’s recent political turmoil have delayed implementation, and what steps are necessary to ensure the effectiveness of the new framework.

MSE across Asia, Africa and North America
This episode features a conversation with Will Paterson, a III member as well as a Senior Financial Sector Specialist at the World Bank Group, where he advises client countries on insolvency and debt resolution frameworks. The discussion focuses on the need for rules that are simple—yet not merely simplified—to govern the liquidation and reorganisation of micro and small enterprises (MSEs) in financial distress. Drawing on his extensive experience at the World Bank, Will reflects on several key publications produced by the organisation in recent years, including the Principles for Effective Insolvency and Creditor/Debtor Regimes (2021), the Toolkit for Corporate Workouts (2022), and ViewPoint on Insolvency Reform for Credit, Entrepreneurship, and Growth.
The conversation also touches on INSOL International’s latest technical report in this field (available on the INSOL International Technical Library), authored by Will himself, which examines how simplified insolvency regimes have been implemented in the OHADA region, the United States, and Singapore.

UNIDROIT Legislative Guide on Bank Insolvency
This episode explores the work of UNIDROTI, with a specific focus on the newly enacted Legislative Guide on Bank Liquidation. This podcast was jointly organised by III and INSOL Talks, an initiative by INSOL International. The podcast features the participation of Prof. Ignacio Tirado (UNIDROIT’s Secretary General, Professor at the Universidad Autónoma of Madrid, III Member) and Ms Myrte Thijssen (Senior Legal Officer, UNIDROIT). The podcast describes the reasons for, and the content of the UNIDROIT Legislative Guide on Bank Liquidation, which provides recommendations on how to deal with the failure of non-strategically important financial institutions. The podcast is moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London (III NextGen) and Dr. Shuai Guo (III NextGen, INSOL ERA). The podcast was recorded on 26 May 2025, with information accurate at the time of recording.

III Podcast on UK Restructuring Plans
This episode features a discussion with Mandip Englund, III NextGen member and Partner and Head of the Restructuring and Insolvency Group at Travers Smith, and Professor Rebecca Parry of Nottingham Trent University. Together, they explore the development and growing use of restructuring plans in England and Wales, comparing them with other insolvency and restructuring tools such as schemes of arrangement, company voluntary arrangements (CVAs), and special administration regimes (SARs).
The conversation tackles some of the most complex issues surrounding restructuring plans, including what qualifies as a “compromise or arrangement”—with particular reference to interim plans and the treatment of out-of-the-money creditors. It also addresses the evidential burden placed on debtors to demonstrate that a plan satisfies both the “no worse off” test and fairness requirements, as well as how benefits preserved or generated by the plan affect the treatment of out-of-the-money creditors.
In addition, the episode examines potential debt restructuring options for Thames Water, dispels common misconceptions about SARs, and offers insights into how these regimes might be reformed to operate more effectively in future high-profile cases. The podcast is introduced by NextGen’s co-chair, Olya Antle of Cooley, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early July 2025, with information accurate at the time of recording.

Financial Sustainability and Climate Change
This episode explores the topic of financial sustainability and climate change.
Our speakers include Prof. Juanitta Calitz, who is Professor at the University of Johannesburg and a III member; Mr Harry Lawless, who worked as a financial sector specialist at the World Bank on a report on the interaction between insolvency and climate change; and Dr Eugenio Vaccari, Senior Lecturer at Royal Holloway, University of London as well as a III NextGen Executive Committee Member.
The podcast discussed the intersection between financial sustainability, climate change and insolvency regimes from the perspective of both developed and developing markets. It delved into topics including green finance and how insolvency law can play a role in resolving climate change. Part of the session was also dedicated to the analysis of municipal bankruptcies, and how ESG principals could promote the long-term resilience of financially distressed local entities.
The podcast is introduced by NextGen’s former Chairperson, Adam Crane of Baker & Partners in the Cayman Islands, and moderated by Dr. Francesca Burigo of the Università eCampus in Italy, as well as a member of the III NextGen Executive Committee. It was recorded in early February 2025, with information accurate at the time of recording.

Consensual Restructuring Procedures in Europe
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we delve into consensual restructuring procedures in Europe. This podcast features insights from Prof. Annika Wolf (University of Applied Sciences in Emden/Leer), David Ehmke (lawyer, Germany) and Frederic Verhoeven (Hauthoff, the Netherlands). The discussion highlighted the key differences between consensual and more formal restructuring and insolvency procedures. It explored the advantages of consensual restructuring, such as speed, flexibility, confidentiality, value preservation, and the retention of control by the affected parties. However, it also addressed the challenges, particularly in cross-border cases, where differing legal frameworks, cultural variations, and enforcement complexities can make formal mechanisms like WHOA and StaRUG more appealing. Ultimately, the podcast provides a comprehensive analysis of why, in many cases, a bad settlement is preferable to a good judgment. NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces the podcast, which is moderated by Dr. Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of recording.

Insolvency Practitioners in Cross-border Insolvency Procedures
We are excited to announce the release of a new episode of Global Perspectives, the International Insolvency Institute’s podcast series. This episode explores the evolving role and practice of insolvency practitioners (IPs), with a particular focus on their involvement in cross-border disputes. Dr. Elizabeth Streten, Lecturer at Queensland University of Technology and author of a recent publication in the field; and Andrea Harris, Partner at Grant Thornton, INSOL International Vice-President, and III Member; discuss the challenges and responsibilities faced by IPs. The conversation highlights how insolvency practitioners must balance complex legal and ethical obligations while fulfilling public functions in private roles. They examine the need for regulatory clarity at both domestic and international levels, including entry requirements, professional objectives, and interpretations of the IP role. The episode also addresses common misconceptions about insolvency practitioners, particularly the tendency to view them merely as "funeral directors" rather than facilitators of business rescue and asset recovery. It explores their vital function as communicators and educators, bridging the gap between stakeholders. The discussion further considers how accountants acting as insolvency practitioners contribute to financial investigations, including fund tracing, and how artificial intelligence may enhance their capabilities in the future. At the same time, the conversation acknowledges the limits of IPs’ expertise, particularly in highly specialized areas such as cryptocurrency and satellite technology. The podcast is introduced by NextGen’s Chairperson, Adam Crane of Baker &Partners in the Cayman Islands, and moderated by Dr. Eugenio Vaccari of Royal Holloway, University of London. It was recorded in early February 2025, with information accurate at the time of recording.

Judiciary and Insolvency
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we were joined by leading international insolvency judges including Hon. Elizabeth Stong, Judge of the United States Bankruptcy Court for the Eastern District of New York; Hon. Aidan Xu, Judge of the High Court of Singapore; and Hon. Kazimbe Chenda, Judge of the High Court, Commercial Division in Zambia.
The central theme of the podcast is the roleof the judiciary in promoting good restructuring practices and cross-border collaboration in insolvency proceedings.
During the podcast, the esteemed judges explore the role of the judiciary in promoting cross-border insolvency cooperation, and what more can be done to enhance the judiciary’s capacity to handle complex cross-border insolvency cases. The podcast also features a list of lessons learned from the handling of complex cases, not necessarily large ones, and an interesting reference to a bakery in Brooklyn, New York.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded on 15 January 2025, with information correct at the time of recording.

Developments in Sub-Saharan Africa
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we are joined by expert panelists Okorie Kalu (Partner, PUNUKA Attorneys & Solicitors); Judy Muigai (Partner, DLA Piper Africa IKM Advocates); and Prof Wesley Rosslyn-Smith (Associate Professor, University of Pretoria) who discuss developments in insolvency law and practice in Sub-Saharan Africa.
Our speakers addressed topics including practitioner qualification and accreditation, expedited pre-insolvency and insolvency processes for MSEs, fostering regional collaboration, the influence of the World Bank Business Ready report on regulatory activities, and the connection between tax incentives and capacity-building initiatives for insolvency practitioners and judges.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early December 2024, with information correct at the time of recording.

Consensual Restructuring Procedures
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we delve into consensual restructuring procedures in key jurisdictions such as Singapore, India and France. Our expert panelists, Vasile Rotaru (Ph.D. Candidate, University of Oxford), NextGen Member Ishana Tripathi (Associate Professor, Jindal Global Law School) and NextGen Member Jo Tay (Partner, Allen & Gledhill), offer insightful commentary on the unique characteristics, challenges, and growing appeal of consensual restructuring methods in these jurisdictions. They discuss the strong tradition of consensual workouts in France (mandat ad hoc and conciliation), the increasing demand for lender-led mediation, and the need for coordinated efforts among practitioners, courts, and legislators. The panelists also address key obstacles, such as litigious or impatient creditors and the occasional aggressive stance from legal counsel.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partnersin the Cayman Islands) and moderated by Dr EugenioVaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of recording.

Hybrid Procedures and Workouts in Latin America
In this episode of the International InsolvencyInstitute’s Global Perspectives podcast, we explore hybrid insolvency procedures and workouts in Latin America to gain practical insights into how these mechanisms are implemented in real-world scenarios. Our distinguished panelists, The Hon. Adolfo Rouillon and Andrés Martinez, offered their expertise on this timely topic.
Our speakers discussed the current use and comparative effectiveness of hybrid restructuring mechanisms across various Latin American jurisdictions, highlighting how corporate structure influences whether businesses pursue these options and the tendency of family-owned smallbusinesses to avoid them. They also shed light on tax implications, potential risks of not utilizing these procedures—such as the conversion of foreign currency claims to domestic currency upon insolvency—and the formalities required to implement these processes across diverse regulatory landscapes. Additionally, the panelists reflected on the World Bank’s role in encouraging the adoption of hybrid mechanisms throughout the region.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partners in the CaymanIslands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in October 2024, with information correct at the time of the recording.

Nonconsensual Third-Party Releases in Chapter 15 Cases
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we were joined by Gabriel Olivera (NextGen) alongside Olya Antle (NextGen) and Rahman Connelly (NextGen) to discuss a critical and timely topic: nonconsensual third-party releases in Chapter 15 cases in the United States.
With the Supreme Court’s decision in Harrington v. Purdue Pharma rejecting such releases in Chapter 11 cases, this conversation explores whether Chapter 15 offers a legal loophole for their enforcement. Our guests analyze the implications for cross-border insolvency law, forum shopping, and future creditor challenges.
Tune in for a deep dive into one of the most debated issues in U.S. restructurings today.

Law Reforms in Brazil
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we delve into recent insolvency law reforms in Brazil, a country that has made significant changes to its legal framework in the past few years.
Brazil introduced substantial reforms to its insolvency laws in 2005, and more recently in 2020, bringing its system more in line with international best practices. These reforms have notably improved corporate restructuring processes and have aimed to enhance the role of the judiciary and regulators in handling insolvency cases.
Our expert panellists, Joao Guilherme Thiesi da Silva (Pinheiro Neto Advogados) and Guillerme França (Lollato Lopes Rangel Ribeiro Advogados), offer insightful commentary on the effectiveness of these reforms and how they align with global trends, particularly considering their experiences in the US and Brazil. Their conversation also explores how these changes facilitate better outcomes for distressed businesses, as well as the challenges that remain, especially in terms of access to credit and cross-border insolvencies.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of recording.

Regulators and the Judiciary in Latin America
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we covered the role of regulators and the judiciary in LATAM. Our expert panelists were Susana Hidvegi Arango (business insolvency, complex litigation, and arbitration advisor), Javier Armando Lorente (Lorente & Lopez Abogados) and Roberto Villaseca (Carey LLP).
In this podcast, we delve into the critical role of regulators and the judiciary in Latin America's insolvency frameworks, with a focus on Chile, Colombia, and Argentina. Each country has a distinct approach to insolvency law, influenced by historical, economic, and political factors, and the relationship between regulators and the judiciary is central to the success of these systems. We explore recent reforms in Chile that have reshaped the balance between regulators and courts, significant regulatory changes in Colombia, and Argentina’s judiciary-driven insolvency processes, which often operate without a dedicated regulator.
Our guests, experts from each country, discuss the evolving roles of regulators and judges, examining challenges such as maintaining judicial independence, managing sector-specific insolvencies, and fostering effective collaboration. They also reflect on the lessons learned from other Latin American jurisdictions and international practices that could enhance the effectiveness of these insolvency frameworks. This podcast offers valuable insights into the dynamics of insolvency law in LATAM, providing listeners with a deeper understanding of the region’s legal landscape and the ongoing reforms shaping its future.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of the recording.

Insolvency regimes in Singapore and Malaysia
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we were joined by Andrew Chan (Allen & Gledhill, Singapore) and Rabindra Nathan (Shearn, Delamore, Malaysia) who had a friendly cross-border debate about Singapore vs Malaysia and discussed the insolvency regimes in both of countries.
The podcast is introduced by NextGen Program Chairperson, Adam Crane (Baker & Partners in the Cayman Islands) and moderated by Jo Tay (Allen & Gledhill, Singapore) and Nathalie Kerr (Lim Chee Wee Partnership, Malaysia).

An Introduction to Chinese Cross-Border Restructuring and Insolvencies
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we went back to the
basics on cross-border restructuring and insolvency frameworks in mainland China. Practitioners Wang Lingqi
(Fangda Partners), Veronica Chan (Tanner de Witt), and Assistant Professor Guo Shuai (China University of
Political Science and Law) give us a quick lesson on the types of insolvency proceedings that apply to
companies in China, before going into what the considerations of the Chinese courts usually are in granting
recognition of foreign proceedings, the cases that have gone through the Chinese Mainland – Hong Kong
cooperation mechanism for cross-border insolvency. We look at what opportunities there may be for work
coming out of China, and our speakers share a tip or two on working on Chinese cross-border insolvencies.

Insolvency and Climate Change
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we covered the interaction between insolvency law and climate change. Our expert panelists were Antonia Menezes (Senior Financial Sector Specialist at the World Bank Group, III Member) and Gabriel Olivera (O’Melveny’s, III NextGen member).
After a short clarification on the terminology applicable to insolvency cases strictly connected with climate change issues, our panelists discussed the topic from a practical perspective. Mr Olivera discussed the importance and implications of the recent bankruptcies of Pacific Gas & Electric, as well as Basic Water Company. Ms. Menezes spoke about the role that MSEs may play in mitigating climate change, and what states can do to better equip these companies to deal with climate change issues. The podcast concludes with a discussion on the ramifications of climate change for the economy, as well as on the initiative currently undertaken by the World Bank to develop practical guidance on how to approach this issue from a statutory perspective.
NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in late April 2024, with information correct at the time of the recording.

Legends & Leaders: A Conversation with Hon. Justice Kannan Ramesh
Singapore is on the cutting-edge of the international insolvency community, including leading initiatives such as the JIN Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters; and empowering the Singapore International Commercial Court to hear cross-border insolvency and restructuring matters.
In this episode of the Global Perspectives podcast, the Hon. Justice Kannan Ramesh, Judge of the Appellate Division of the Supreme Court of Singapore and President of the International Insolvency Institute is interviewed by NextGen Chairperson, Adam Crane of Baker & Partners in the Cayman Islands, and is asked about the various initiatives and developments in Singapore.

UNCITRAL - Working Group V
In this episode of the International Insolvency Institute’s Global Perspectives podcast, our panelists provide an overview of the history and structure of UNCITRAL and its working groups, focusing on Working Group V (insolvency law) and the current topics deliberated by the Group – asset tracing and recovery and choice of law in international insolvency proceedings.
Our panelists, Olya Antle, Adam Swick, and Jose Carles, dive into the specific issues before Working Group V and provide insight into the potential future developments concerning those issues.
NextGen’s Chairperson, Adam Crane, introduces this podcast, which is moderated by Dario Oscos.

Third Party Releases: UK, Netherlands, Italy
In this episode of the International Insolvency Institute’s Global Perspectives podcast, we covered the treatment of third-party releases in three European jurisdictions: the UK, Netherlands and Italy. Our expert panelists were Professor Gerard McCormack (University of Leeds), Professor Alessandra Zanardo (Ca’ Foscari, University of Venice) and Prof. Dr. Omar Salah (Norton Rose Fulbright, Tilburg University, III NextGen).
After a short introduction on what third-party releases are, our panelists discussed the topic from the perspective of their jurisdictions. Prof. Zanardo observed that in Italy the framework is fluid, and that the judicial approach to third-party releases may change as a result of recent legislative changes. In the Netherlands, Prof. Dr. Salah discussed the requirements for obtaining a third-party release as part of a Dutch scheme (i.e. WHOA). Finally, Prof. McCormack expanded on a provocative and counter-intuitive remark that the pro-release approach under English law may result in fewer companies shopping for the English restructuring forum.
NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early late February 2024, with the information correct at the time of the recording.

Australian & New Zealand Insolvency Frameworks
In this episode of the International Insolvency Institute’s Global Perspectives podcast, our invited guest panelists give a critical overview of the Australian and New Zealand’s insolvency frameworks.
Our expert panelists, Professor Lynne Taylor (University of Canterbury), Dr Elizabeth Streten (Queensland University of Technology) and Dr Lézelle Jacobs (ARITA and University technology Sidney), summarized the most recent legislative and judicial developments in Australian and New Zealand’s insolvency law.
In a lively podcast, Dr Jacobs and Dr Streten summarized the results of the enquiry launched by the Parliamentary Joint Committee (PJC) on Corporations and Financial Services. This root and branch review includes several key elements for reflection, especially as the PJC advocated for the need to re-discuss the theoretical principles and objectives underpinning corporate and personal insolvency law. Prof Taylor brought the experience from her country (New Zealand), with several useful elements for reflection, particularly with reference to the treatment of financially distressed MSMEs and directors’ duties under New Zealand law.
NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by NextGen Executive Committee Member Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early December 2023, with the information correct at the time of the recording.

Treatment of Secured Creditors - India
Our experts panellists - Mr Bahram Vakil (Founding Partner, AZB & Partners), Ms Saloni Thakkar (Partner, AZB & Partners) and Ms Mariam Zaidi (Senior Legal Manager, Piramal Capital & Housing Finance) – discuss the changes to the treatment of secured creditors since the enactment of the Indian Bankruptcy Code in 2016. The podcast compares the current framework with the pre-COVID period as well as the period before the enactment of the new Code. The podcast also delves into the disputed treatment of secured creditors in some leading cases, such as Essar Steel and Anil Anchalia, before concluding with a short outlook on the announced reforms in the area.

ABLI - III
On March 23, 2023, the Asian Business Law Institute (ABLI) and the International Insolvency Institute (III) jointly released The Guide on Conducting an Out-of-Court Workout in Asia (Guide), as part of the joint Asian Principles of Business Restructuring project.
This Guide sets out a model of best practices, in the form of both nine principles and eleven practice tips, for successful out-of-court workouts of corporate debtors in Asia.
On this episode of the International Insolvency Institute’s Global Perspectives Podcast, Catherine Shen of the ABLI and Ian Mann of Harneys discuss the key aspects of the Guide.
NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces this podcast.

Third Party Releases in the United States
In this episode of the International Insolvency Institute’s Global Perspectives podcast, our expert panelist, Professor Anthony J. Casey (University of Chicago Law School) summarized the rules and case law regulating the treatment of third-party releases under U.S. Bankruptcy Law. Professor Casey clarified what third-party releases are, as well as the distinction between consensual and non-consensual releases. He mentioned that the use of third-party non-debtor releases is quite common in large Chapter 11 cases. He summarized the key issues arising from the use of both consensual and non-consensual third-party releases and, finally, he discussed the importance of recent controversial Chapter 11 cases (Boy Scouts of America and Purdue Pharma). The podcast was recorded soon after the U.S. Supreme Court heard oral arguments in the Purdue Pharma case. As a result, Professor Casey outlined the potential implications of a judgment that may authorize, prohibit or limit the use of third-party releases under U.S. Bankruptcy Law.

UNIDROIT Principles on Digital Assets and Private Law
In this episode of the International Insolvency Institute’s Global Perspectives podcast, our panelists give a critical outlook of the UNIDROIT Principles on Digital Assets and Private Law.
Our experts panelists, Professors Ignacio Tirado (Secretary General of UNIDROIT and Universidad Autónoma of Madrid) and Louise Gullifer (University of Cambridge and Chair of the Working Group’s Drafting Committee for the Principles), summarized the process that led to the adoption of the Principles.
In a lively podcast, Professors Tirado and Gullifer summarized the key principles applicable to digital assets, and the rules that should apply in insolvency scenarios, especially those involving the custodians of digital assets. Our panelists explained why the principles take a practical and functional approach, and why the principles aim at unifying rather than harmonizing national laws in the area.

UK/US Municipal Bankruptcies
In this episode of the International Insolvency Institute’s Global Perspectives podcast, our panelists discuss the impact of municipal failure on local and national economies.
The panelists, among the leading experts in the field, are Professor Laura Coordes (Arizona State University), Professor Yseult Marique (University of Essex), and Professor Peter Murphy and Mr Bernard Dom (Nottingham Trent University). They compared the English and US system for dealing with municipalities in distress, and they drew important lessons from key cases such as Detroit and Birmingham. The podcast also includes references to recently launched initiatives, such as the Research Network for Public Authorities and Financial Distress (RPAFD) and other initiatives designed to support local authorities’ financial resilience and accountability promoted by the International Research Society for Public Management (IRSPM).

Developments in India
In this episode of the International Insolvency Institute’s Global Perspectives podcast, our panelists give a critical look to the recent changes to the Indian insolvency framework.
India updated its Bankruptcy Code in 2016. Our experts panelists, Professor Sumant Batra (President, Insolvency Law Academy) and Mr Debanshu Mukherjee (co-founder, Vidhi Centre for Legal Policy, New Delhi), explain some of the peculiarities of the Indian system. These include – but are not limited to – the fact that trade creditors are not allowed to vote on a restructuring plan; that the insolvency regulator oversees not only insolvency practitioners but also the auction process; that there is no direct entry into liquidation; etc.

Housing Crisis: Spain and China
In this episode of the the International Insolvency Institute’s Global Perspectives podcast, our panelists examine the impact of the housing crisis in Spain and the People's Republic of China on the social and economic environment of these two countries.
While Spain is recovering from a crisis that saw some of its largest building companies enter liquidation proceedings, China is still grappling with the crisis. The recent cases of Evergrande and Country Gardens are also discussed by our experts panelists, Miguel Ángel Martínez-Cortés (Partner at Carles Cuesta, in Madrid) and Dr Shuai Guo (III NextGen member and Assistant Professor at China University of Political Science and Law in Beijing). NextGen’s Chairperson, Adam Crane (Baker & Partners in the Cayman Islands), introduces this podcast.

Pre-packaged Insolvencies in Europe: A focus on Romania, Latvia, Czech Republic and Poland
In December 2022, a new proposal for the EU Directive was released by the EU Commission to harmonise certain aspects of insolvency law, including pre-packaged sales.
In this episode of the International Insolvency Institute’s Global Perspectives podcast which is the continuation of a series of podcasts dealing with insolvency developments in Europe, our panelists focus on the legal and regulatory framework for pre-packaged insolvencies in Romania, Latvia, Czech Republic and Poland.
Under the moderation of Dr Francesa Burigo of the Università Ca' Foscari Venezia, we cover pre-packs in Romania (Dr Nicoleta Mirela Nastasie), Latvia (Edvins Draba of SORAINEN), Czech Republic (Tomas Richter of JŠK, advokátní kancelář, s.r.o.) and Poland (Piotr Grabarczyk of WKB Wierciński, Kwieciński, Baehr). NextGen’s Chairperson, Adam Crane of Baker & Partners (Cayman Islands), introduces this podcast.

Restructuring Tools in Europe: A focus on Romania, Latvia, Czech Republic and Poland
This episode of the International Insolvency Institute’s Global Perspectives podcast is the continuation of a series of podcasts which focus on available restructuring tools and the implementation of the EU Directive in Europe.
In this podcast, our guest speakers discuss, under the moderation of Dr Francesa Burgio of the Università Ca' Foscari Venezia, restructuring tools available in four European countries, including Romania (Dr Nicoleta Mirela Nastasie), Latvia (Edvins Draba of SORAINEN), Czech Republic (Tomas Richter of JŠK, advokátní kancelář, s.r.o.) and Poland (Piotr Grabarczyk of WKB Wierciński, Kwieciński, Baehr). NextGen’s Chairperson, Adam Crane of Baker & Partners, introduces this podcast.

A Discussion With Simon Whiting of the U.K. Insolvency Service
Join us in this enlightening podcast as Kathlene Burke sits down with Simon Whiting, the Assistant Director of Policy at the U.K. Insolvency Service, to discuss the outcome of the Government’s consultation on implementing two model laws, which have been adopted by the United Nations Commission on International Trade Law (‘UNCITRAL’) — the Model Law on Enterprise Group Insolvency (‘MLEG”) and the Model Law on Recognition and Enforcement of Insolvency-Related Judgments (“Judgments Model Law”).
The Government intends to legislate to implement the MLEG “at the earliest opportunity”. The UK will likely be the first jurisdiction to implement the MLEG into its national law. In contrast, the Government will not yet proceed with its proposal to adopt “Article X” of the Judgments Model Law. Instead, in order to address issues raised in certain consultation responses, the Government plans to undertake further work to determine how legal certainty can be maintained. To that end, the Government has invited interested parties to submit abstracts of papers on this and other topics of Insolvency law for their Foward Thinking Conference scheduled for 10 November 2023. The deadline to submit papers has been extended to 18 August 2023.

English: Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees
III hosted a panel on March 30, 2023 titled Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees.
Kathryn Esaw, Osler Hoskin & Harcourt LLP
Jane Dietrich, Cassels Brock & Blackwell LLP
Evan Hollander, Orrick, Herrington & Sutcliffe
Dario Oscos, Oscos Abogados

Spanish: Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees
III hosted a panel on March 30, 2023 titled Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees.
Kathryn Esaw, Osler Hoskin & Harcourt LLP
Jane Dietrich, Cassels Brock & Blackwell LLP
Evan Hollander, Orrick, Herrington & Sutcliffe
Dario Oscos, Oscos Abogados

Portuguese: Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees
III hosted a panel on March 30, 2023 titled Avoidance Actions and Enforcement of Foreign Insolvency Judgments in NAFTA Countries Presented by the U.S./Canada/Caribbean and Latin America Regional Committees.
Kathryn Esaw, Osler Hoskin & Harcourt LLP
Jane Dietrich, Cassels Brock & Blackwell LLP
Evan Hollander, Orrick, Herrington & Sutcliffe
Dario Oscos, Oscos Abogados

In Brief: Understanding India’s Pre-Packaged Insolvency Regime
On this episode of the International Insolvency Institute’s Global Perspectives podcast, Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and Co-Founder of AZB & Partners, Saloni Thakkar of AZB & Partners, and NextGen member Mariam Zaidi of Piramal Capital & Housing finance, discuss India’s Pre-Packaged Insolvency Regime. This podcast is moderated by Carlo Ghia, of the Italian Ministry of Enterprises and Made In Italy. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.

In Brief: Lessons Learned in India from the Resolution of Non-Banking Financial Companies
On this episode of the International Insolvency Institute’s Global Perspectives podcast, Bahram Vakil, Co-Chair of III’s Insolvency Development and Practice Committee and Co-Founder of AZB & Partners, Saloni Thakkar of AZB & Partners, and NextGen member Mariam Zaidi of Piramal Capital & Housing Finance, discuss the lessons learned from the resolution of non-banking financial companies in India. This podcast is moderated by Carlo Ghia, of the Italian Ministry of Enterprises and Made In Italy. NextGen’s chairperson, Adam Crane of Baker & Partners, introduces this podcast.