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Can beneficial noteholders commence insolvency proceedings? Diverging views emerge across the offshore world
This article discusses the recent flurry of cases in the BVI, Hong Kong and the Cayman Islands determining the standing of individual bondholders to bring liquidation proceedings against issuers. It examines the reasons for the divergent outcomes of the cases, and the factors which may contribute to the success or failure of future actions.
18 March 2024Hybrid facilities: the promise, the reality and the hope
Have hybrid facilities evolved from a niche product into a full-fledged market? This article considers the features of subscription facilities, NAV facilities and hybrid facilities and explores why hybrid facilities have failed to flourish to date. It also considers how continuation funds can potentially rewrite this narrative.
18 March 2024Hague 2019: extending the lifespan of asymmetric jurisdiction clauses?
In this article Sarah Garvey seeks to assess the potential opportunities and risks for finance parties on the UK’s accession to Hague 2019 and whether finance parties are likely to adapt their approach to drafting dispute resolution clauses as a result. The article also provides a high-level overview of key features of Hague 2019 and highlights areas for future dispute and debate.
18 March 2024
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