Welcome, Introduction & INSOL Developments

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Day 1
Joharah Ballroom
INSOL Dubai
INSOL President
Sumant Batra, Kesar Dass B. & Associates
Conference Co-Chairs
Dr. Nasser H. Saidi, DIFC and Hawkamah
Peter Spratt, PricewaterhouseCoopers
Technical Co-Chairs
Maurice Moses, Ernst & Young LLP
Dr. Lars Westpfahl, Freshfields Bruckhaus Deringer LLP
Mission Statement
INSOL with its Member Associations will
take the leadership role in international
turnaround, insolvency and related credit
issues; facilitate the exchange of
information and ideas; encourage greater
international co-operation and
communication amongst the insolvency
profession, credit community and related
constituencies.
Global and Rapidly Growing
 Over 9,500 members and counting
 Membership based in over 70
countries
 Over 40 Member Associations
 Main regions and countries
 Lawyers, accountants, judges,
bankers, turnaround specialists, policy
makers, regulators and others
AMERICAN BANKRUPTCY INSTITUTE (Professional Section) – USA
ASOCIACIÓN ARGENTINA DE ESTUDIOS SOBRE LA INSOLVENCIA
ASSOCIATION OF BUSINESS RECOVERY PROFESSIONALS – R3
ASSOCIATION OF HUNGARIAN INSOLVENCY LAWYERS
ASSOCIATION OF INSOLVENCY AND RESTRUCTURING ADVISORS
ASSOCIATION OF INSOLVENCY PRACTITIONERS OF SOUTHERN AFRICA
BUSINESS RECOVERY AND INSOLVENCY PRACTITIONERS
ASSOCIATION OF NIGERIA
BUSINESS RECOVERY AND INSOLVENCY PRACTITIONERS
ASSOCIATION OF SRI LANKA
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURING
PROFESSIONALS
CANADIAN BAR ASSOCIATION (Bankruptcy and Insolvency Section)
CHINA UNIVERSITY OF POLITICS AND LAW, BANKRUPTCY LAW AND
RESTRUCTURING RESEARCH CENTRE
COMMERCIAL LAW LEAGUE OF AMERICA
(Bankruptcy and Insolvency Section)
CONSIGLIO NAZIONALE DEI DOTTORI COMMERCIALISTI
CZECH CHAMBER OF INSOLVENCY PRACTITIONERS
ESPECIALISTAS DE CONCURSOS MERCANTILES DE MEXICO
GHANA ASSOCIATION OF RESTRUCTURING AND INSOLVENCY ADVISORS
GROUPE DE RÉFLEXION SUR L’INSOLVABILITÉ ET SA PRÉVENTION 21 –
HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
(Insolvency Interest Group)
HUNGARIAN ASSOCIATION OF INSOLVENCY PRACTITIONERS
INSOL NEW ZEALAND
INSOLAD – VERENIGING INSOLVENTIERECHT ADVOCATEN
INSOL–EUROPE
INSOL–INDIA
INSOLVENCY PRACTITIONERS ASSOCIATION OF AUSTRALIA
INSOLVENCY PRACTITIONERS ASSOCIATION OF SINGAPORE
INSTITUTO BRASILEIRO DE GESTAO E TURNAROUND
INSTITUTO IBEROAMERICANO DE DERECHO CONCURSAL
INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OF SINGAPORE
(Special Interest group of Insolvency)
INTERNATIONAL ASSOCIATION OF INSURANCE RECEIVERS
INTERNATIONAL WOMEN’S INSOLVENCY AND RESTRUCTURING
CONFEDERATION
JAPANESE FEDERATION OF INSOLVENCY PROFESSIONALS
LAW COUNCIL OF AUSTRALIA (Business Law Section)
MALAYSIAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
NON-COMMERCIAL PARTNERSHIP SELF-REGULATED ORGANIZATION OF
ARBITRATION MANAGERS
“MERCURY” (NP SOAM MERCURY)
NEPALESE INSOLVENCY PRACTITIONERS ASSOCIATION
REFor – THE INSOLVENCY PRACTITIONERS REGISTER OF THE NATIONAL
COUNCIL
OF SPANISH SCHOOLS OF ECONOMICS
RUSSIAN UNION OF SELF-REGULATED ORGANIZATIONS OF ARBITRATION
MANAGERS
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
THE SOCIETY OF INSOLVENCY PRACTITIONERS OF INDIA
TURNAROUND MANAGEMENT ASSOCIATION (INSOL Special Interest Group)
INSOL International
Judges
(Judicial
Colloquium)
Regulators
International
Association
Strong
INSOL
MAs
Associates
(UNCITRAL
of
Members
Insolvency
Regulators
World Bank
Group
G36
OECD, IICA
Hawkamah)
Special Interest
Groups
Academics, Lenders
Vision INSOL International
 Truly global (not just in form but also in
substance)
 Truly independent and neutral
 Provide true and responsible leadership (for the
profession, while gaining respect of
stakeholders in general and society as a whole)
 Crucial role in defining international policy
 Enhance the prestige of profession
 “Global Information Bank”
INSOL Current Projects
 Hawkamah and MENA Projects
 Forum for Insolvency Reforms in MENA
 EBRD – Russia
 Forum for Asian Insolvency Reforms
 Cooperation with the Government of India
 Africa Roundtable
GLOBALInsolvency.com
 Global information and data bank on
insolvency
 A joint initiative of INSOL and ABI.
Professionally managed project
 Global in character, form and content
INSOL Scholars
INSOL awards 3 scholarships each year to young
and talented academics from three main regions.
Scholars for 2009-2010 are:
 Trish Keeper from Victoria University of
Wellington, New Zealand
 Professor Adrian Walters from Nottingham Trent
University, UK
 Oleksandr Biryukov from Institute of International
Relations of Kyiv Taras Shevchenko National
University, Ukraine.
Publications - we continue to produce
publications of great relevance to international,
regional and domestic practitioners:
 Global Principles for Multi-Creditor
Workouts (2000)
 Directors in the Twilight Zone I and II
(2001, 2005)
 Consumer Debt Project (2001)
 Employee Entitlements (March 2005)
 Bank Insolvency, A Guide for Deposit
Insurers (2005)
Publications - we continue to produce
publications of great relevance to international,
regional and domestic practitioners:
 Financing in Insolvency Proceedings
(May 2006)
 Credit Derivatives (2007)
 Treatment of Secured Claims in Insolvency and
Pre-Insolvency Proceedings (June 2007)
 Claims Presentation and Resolutions: a
guidance booklet
 Twilight Zone III (2009)
 Taxes issues relating to distressed companies
(2010)
INSOL Technical Papers Series
 "Economic and Geographical
Implications of Hedge Funds in
Distressed Debt" by Sandra A LarrattSmith, Swing Bridge Capital and Steven
P. Ordaz, BMC Group
 "Securities Law Claims in Insolvency
Proceedings" by Professor Janis Sarra,
Associate Dean, University of British
Columbia Faculty of Law, Vancouver,
Canada
INSOL Technical Papers Series
 "Formalities for the Transfer of Insolvent
Businesses: The Obligatory Transfer of
Employees in South Africa and the
United Kingdom" by Professor David
Burdette, University of Pretoria, Republic
of South Africa
 "Inter-Company Debts and Set-Off” by
Alastair Beveridge, Partner, Kroll Limited
Deborah King, Director, Kroll Limited
INSOL Technical Papers Series
 "Strategic Consideration for Creditors
Facing a debtor in Chapter 15 Under the
United States Bankruptcy“ by Mr. John J
Rapisardi, Partner Cadwalader,
Wickersham & Taft LLP, Ingrid Bagby,
Partner Cadwalader, Wickersham & Taft
LLP & William Golden, an Associate
Cadwalader, Wickersham & Taft LLP
 "Animal Figures & Alphabet Soup
Understanding the Fat-tails of Asset
Backed Securities“ by Sebastian Miralles.
INSOL Technical Papers Series
 “Avoidance Provisions in a Local and
Cross-border Context: A Comparative
Overview” by Professor André Boraine,
University of Pretoria, South Africa
 “Bank Bankruptcy in Canada: A
Comparative Perspective” by Associate
Prof. Stephanie Ben-Ishai, York
University, Toronto, Canada
INSOL Case Study Series
 Eurotunnel Plc & Eurotunnel S.A and
Associated Companies
 HIH Casualty & General Insurance Ltd.
& Other Companies
 Bear Stearns High-Grade Structured
Credit Strategies Master Fund Ltd. And
Bear Stearns High-Grade Structured
Credit Strategies Enhanced Leverage
Master Fund, Ltd.
INSOL Fellowship
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Global Insolvency Practice Course
First Course started in 2008
Intensive Programme
Unique international learning experience
Facilitates future networks
Structure of Course
Module A:
Module B:
Module C:
Three day face to face meeting
Three day face to face meeting
Five days on line sessions
In association with and organised by the National Centre
of Business Law University of British Columbia,
Vancouver, Canada
2010-2011 Fellowship Course
Module A
18-20 October, London
Module B
11-13 March, Singapore
Module C
2-6 May On Line
Endorsed by The World Bank Group
“The fellowship programme will be a very
rewarding investment towards a successful
career, both through helping the
development of professional skills and
through fostering a greater understanding of
different jurisdictions' cultures and systems.”
Mahesh Uttamchandani
World Bank Group
A number of IFC staff have enrolled for the course.
INSOL Education Foundation
To be announced shortly INSOL Education
Foundation is proposed an effective platform
for supporting educational activities of our
current and potential members, as a part of
our endeavour to continue to raise higher the
standards of insolvency profession.
INSOL One Day Seminars
 Mexico – 22 April, 2010
 New Delhi, India – 3 December, 2010
 Mauritius – September, 2010
Focus on cross-border issues
INSOL Academic Survey
Impact of non-availability of postcommencement financing on
restructuring around the world report will
be sent to members in February
INSOL Academic Survey
At the heart of the survey was a highly relevant
question: ‘Is it now tougher to get credit for
company rescue’? Or, to be blunter, are
companies more likely to be allowed to go to
the wall rather than be restructured since the
financial crisis?
More than 500 INSOL members felt that the
answer was an emphatic ‘Yes’ - with around
85% agreeing that it is now harder to get the
right financial facilities to aid troubled but viable
companies.
Lead or supportive role in global,
regional and country level policy and
standard setting initiatives
 Prominent role and contribution in
UNCITRAL Projects
 UNCITRAL Model Law on Cross Border
Insolvency was conceived at joint UNCITRALINSOL colloquium. Key role in work and
recommendations of WG VI
 Active role in World Bank Group standard
setting initiatives – World Bank Principles,
Unified Standards. Member of Advisory Panel
 Lead role in key regional initiatives
BRIC Countries Initiative
 Brazil - Training programmes
 Russia – Supporting EBRD led policy
roundtable in February 2010 on Insolvency
Administrators role, with the MED in Russia
 India - Policy roundtables with Ministry of
Corporate Affairs (UNCITRAL Model Law and
Regulating the IPs), training of stakeholders
and study courses
 China – Two INSOL regional conferences
 BRIC Committee
 Latin America – Columbia, Argentina, Brazil
training
INSOL Dubai
INSOL President
Sumant Batra, Kesar Dass B. & Associates
Conference Co-Chairs
Dr. Nasser H. Saidi, DIFC and Hawkamah
Peter Spratt, PricewaterhouseCoopers
Technical Co-Chairs
Maurice Moses, Ernst & Young LLP
Dr. Lars Westpfahl, Freshfields Bruckhaus Deringer LLP
Main Organising Committee
Co-Conference Chairs
Dr. Nasser H. Saidi, DIFC and Hawkamah
Peter Spratt, PricewaterhouseCoopers
Treasurer
Mark Byers, Grant Thornton
Technical Co-Chairs
Maurice Moses, Ernst & Young LLP
Dr. Lars Westpfahl, Freshfields Bruckhaus
Deringer LLP
Technical Committee
Technical Co-Chairs
Maurice Moses, Ernst & Young LLP
Dr. Lars Westpfahl, Freshfields Bruckhaus Deringer LLP
Andrew Brozman, Clifford Chance LLP
Ian Carson, PPB
Adrian Doble, Vantis
Bill Gambrill, M.A.C Davidson & Associates
Leonard Goldberger, Stevens & Lee PC
Christopher Grierson, Lovells LLP
Gerald M. Krasner, Begbies Traynor
Feisal Naqvi Bhandari, Naqvi & Riaz
Harry Rajak, Sussex Law School, University of Sussex
Rupinder Singh, Suri Suri & Co
Paul Winer, Werksmans Incorporating Jan S. de Villiers
Michael Veder, Utrecht School of Law
General Sponsors
AlixPartners LLP
Asset Reconstruction Company (India) Ltd
BTG Mesirow Financial Consulting
Deloitte LLP
Derra, Meyer & Partner
Financial Times
Greenberg Traurig LLP
hww wienberg wilhelm
PricewaterhouseCoopers
Group of Thirty-Six
AlixPartners LLP
Allen & Overy LLP
Alvarez & Marsal LLC
Baker Tilly
Begbies Global Network
Bingham McCutchen LLP
Cadwalader Wickersham & Taft LLP
Chadbourne & Parke LLP
Cleary Gottlieb Steen & Hamilton LLP
Davis Polk & Wardwell
De Brauw Blackstone Westbroek
Deloitte LLP
Ernst & Young
Ferrier Hodgson
Freshfields Bruckhaus Deringer
Goodmans LLP
Grant Thornton
Greenberg Traurig LLP
Huron Consulting Group LLC
Jones Day
Kaye Scholer LLP
Kirkland & Ellis LLP
KPMG LLP
Linklaters LLP
Lovells LLP
Norton Rose LLP
Pepper Hamilton LLP
PPB
PricewaterhouseCoopers
RSM Corporate Advisory Services
Shearman & Sterling LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Vantis
Weil, Gotshal & Manges LLP
White & Case LLP
Zolfo Cooper LLP
Housekeeping
No smoking
Messages
Coffee breaks and lunch – timing
Mobile telephone & Blackberry switched off
Assessment forms – completion & return
Free evening
Technical Co-Chairs
Maurice Moses
Ernst & Young LLP
Dr. Lars Westpfahl
Freshfields Bruckhaus Deringer LLP
Plenary Sessions
• 9.30am – 11.00am
Surviving in an economic downturn
• 11.30-12.45pm
When the bank goes bust: Rewriting the
rulebook
• 2.00pm – 3.15pm
Government intervention or interference?:
State aid to financially troubled companies
• 3.45pm – 5.00pm
A sector in turmoil: The automotive industry
Breakout Sessions
Sessions A1-A3
General cross-border issues
Sessions B1-B3
Focus on specialist areas
Sessions C1-C3
Smaller practice issues
Technical Co-Chair
Maurice Moses
Ernst & Young LLP
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