This Masterclass will deal with the practical challenges that arise in insolvencies of companies or corporate groups with a presence in India and Singapore, and the toolkit that can be used to overcome or manage these challenges. In the first part of this Masterclass, speakers will highlight the differences between insolvency law and practice in Singapore and India, including:
- the differences between directors’ duties and strategies employed when a company is in the “twilight zone”,
- the differences in the tools (whether formal, informal or hybrid) available to rescue a company in distress,
- the differences in the terminal insolvency regimes in both countries, and
- the difference between the cross-border insolvency regime across both countries.
Thereafter, using two case studies, the speakers will highlight the challenges as well as opportunities that arise in insolvencies involving both India and Singapore, and the tools that can be used to resolve these challenges. Key themes that the case studies will cover will include:
- the considerations for commencing bilateral proceedings (such as arbitration proceedings) instead of or along with collective insolvency proceedings;
- the considerations for commencing insolvency proceedings across multiple jurisdictions v. concentrating proceedings in a single jurisdiction;
- challenges with enabling cross-border cooperation between stakeholders such as creditors, insolvency professionals, etc., including in relation to asset identification, enforcement, valuation and distribution and the use of cross-border insolvency agreements in this regard;
- challenges with enabling recognition of proceedings (given that India has not adopted the UNCITRAL Model Law on Cross-Border Insolvency (1997), and neither jurisdiction has adopted the UNCITRAL Model Law on Enterprise Group Insolvency (2019) and the use of court-to-court cooperation mechanisms in this regard;
- the use of mediation and alternative dispute resolution mechanisms to resolve cross-border insolvency issues; and • the structuring of cross-border, new money funding for distressed businesses (with a focus on flows between India and Singapore).
This Masterclass is targeted at experienced insolvency practitioners, lawyers as well as distress investors, and will be delivered by restructuring and legal experts from both Singapore and India.
The
SMU Law Academy Expert Masterclasses are advanced skills and case-study based programmes where participants will learn from the industry’s top experts in a specific area of practical importance. Typically taught in a face-to-face format, such sessions will help participants to acquire practical in-depth knowhow to aid their development. All the masterclass instructors are specially curated and are recognised as experts in their areas.
This event is being co-hosted by BlackOak LLC, Aarna Law LLP, Simha Law, Alvarez & Marsal, and Ms. Sripriya Kumar, an Insolvency expert.
PROGRAMME
| 12:15 PM |
Participants to log in to webinar |
|
|
| 12:30 PM |
Differences between insolvency law and practice in Singapore and India |
|
|
| 1:15 PM |
Break |
|
|
| 1:30 PM |
Case studies discussion that highlights the challenges that arise in cross-border insolvencies involving Singapore and India and suggests some tools that can be employed to overcome these challenges |
|
|
| 2:15 PM |
Q & A |
|
|
| 2:30 PM |
End of Event |
SPEAKERS
Click here for
Speakers' Profile.
FEES
a. Early Bird Price (registration by 3 August 2023)
Registration fee of S$109.35* (inclusive of GST) applies.
b. Regular Price (registration after 3 August 2023)
Registration fee of S$121.50* (inclusive of GST) applies.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the event. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy [at] smu.edu.sg, by 10 August 2023.
SMU Law Academy reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of fees paid.
