Corporate restructuring law in flux
Speakers include:
· Dr Natalie Mrockova (University of Oxford)
· Felicity Toube KC (South Square)
· Professor Felix Steffek (University of Cambridge)
· Professor Paul Davies (University of Oxford)
· Gabrielle Ruiz (Clifford Chance)
· Philip Hertz (Clifford Chance)
· Professor Gerard McCormack (University of Leeds)
· Dr Winnie Tarinyeba-Kiryabwire (Makerere University)
· Professor Kristin van Zwieten (University of Oxford)
· Professor Reinhard Bork (University of Hamburg and Harris Manchester College, Oxford)
· Professor Tony Casey (University of Chicago)
· Professor Sarah Paterson (London School of Economics)
· Dr Sjur Swensen Ellingsæter (BI Norwegian Business School)
· Inga West (Ashurst)
· Professor Ted Janger (Brooklyn Law School)
· Professor Louise Gullifer (University of Cambridge)
· Professor Adrian Walters (Chicago-Kent College of Law, IIT)
· Richard Salter KC (University of Oxford and 3 Verulam Buildings)
· Professor Riz Mokal (South Square)
· Professor Wai Yee Wan (Adjunct Professor, City University of Hong Kong)
English corporate restructuring law has changed dramatically over the past three years. The Corporate Insolvency and Governance Act 2020 made significant changes to the domestic law, introducing two new, restructuring-oriented procedures for distressed companies (the freestanding moratorium in Part A1 of the Insolvency Act 1986, and the restructuring plan procedure in Part 26A of the Companies Act 2006), and significantly altering long-established rules on the treatment of executory contracts in insolvency. At the cross-border level, Brexit further complicated the already thorny question of the reception of English restructuring proceedings in the EU. At the same time, other jurisdictions – both within and outside the EU – have also been experimenting with restructuring law reform, reviving old debates about the optimal design of such procedures within states, and about the optimal approach to securing coordination between states in cross-border cases.
The conference will feature draft papers by a range of authors on various topical issues relating to the design and application of corporate restructuring procedures, both at the domestic and cross-border level. A senior practitioner and/or insolvency and restructuring law scholar will act as discussant for each paper. The papers will form part of a book, to be published by Hart, Corporate restructuring law in flux, edited by Jennifer Payne and Kristin van Zwieten. The event is part of a broader project, led by van Zwieten and Payne, that seeks to contextualise and evaluate recent developments in English law, drawing on a range of comparative and theoretical perspectives.
The event is invitation-only. If you would like to attend, please write to clc@hmc.ox.ac.uk.
The conference is supported by funds generously donated by Travers Smith and by the Commercial Law Centre at Harris Manchester College.