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The Voice of Business Recovery
INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-
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One day international conference CPD accreditation: 6 hours9.00 – 17.00 Registration starts at 8.30 I Drinks reception from 17.00
LONDON22 APRIL 2016 I Hilton Tower Bridge
R3 & INSOL EUROPE INTERNATIONAL RESTRUCTURING CONFERENCE
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Glen FlanneryNabarro (UK)
Nicolaes TollenaarRESOR (the Netherlands)
This will be the 13th joint conference between the UK trade body, R3, and its European wide equivalent, INSOL Europe. It will bring together practitioners from across the memberships and beyond to share experiences and debate topical issues from current international and cross-border cases.
The conference will include mainstays such as the international case law and market updates, which will highlight key developments, issues and opportunities, including those emerging in relation to English schemes for foreign companies and in the oil and gas sector. It will also cover fast moving developments from the European Union, the rise of litigation fi nance in cross-border cases and other global developments.
The afternoon will include a cross-border case study, bringing to life some of the main issues from recent and ongoing cases, such as African Minerals, Espirito Santo and Singularis.
Technical sessions will be delivered through a combination of presentations, panel discussions and case studies. Delegates will depart fully up-to-date on the main developments in this area, equipped for the next phase of cross-border insolvencies and restructurings.
Who is this course aimed at?This is a technical conference aimed at all insolvency and restructuring professionals who have an interest in cross-border matters, including insolvency practitioners, lawyers, fi nancial advisers, lenders, distressed asset investors, judges and academics.
Comments from last year’s conference“This is one of the best conferences I have attended”
“An excellent, varied programme with good quality, well prepared speakers”
“Final case study was excellent and most engaging and informative”
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RS > Glen Flannery is a partner at Nabarro and specialist
in insolvency and restructuring law. He is recognised for his expertise in advising on international and cross-border matters.
> Nicolaes Tollenaar works at RESOR and specialises in corporate and bankruptcy law, both litigation and advisory. He has a special focus on cross-border matters and represents a range of stakeholders in formal and informal restructurings.
> Alberto Nunez-Lagos is a partner at Uría Menéndez’s Madrid offi ce and his practice covers a wide range of corporate and banking work, although his main focus is in restructuring. He is president of INSOL Europe.
> Dr Bartłomiej Kurcz is head of insolvency task force, DG justice at the European Commission, based in Brussels.
> Christian Stuerwald joined Calunius in 2010, is head of underwriting and has 15 years’ experience in litigation funding, including case assessment and monitoring, in various jurisdictions such as England and Germany as well as international arbitrations. He is qualifi ed as a solicitor in England & Wales and as a Rechtsanwalt in Germany.
> Craig Martin is a partner at DLA Piper’s Delaware offi ce and has represented numerous parties in a variety of cases, including equity committees, committees of unsecured creditors, bank groups, indenture trustees and debtors.
> David Soden is a partner in Deloitte’s London offi ce specialising in complex and multi-jurisdictional restructuring and insolvency assignments, with a particular focus on the fi nancial services sector.
> Gabriel Moss QC is a leading advocate and adviser in UK, EU and EEA insolvency cases, as well as a visiting professor at Oxford and a deputy High Court judge. He acts for and advises major banks, corporations, insolvency administrators and government agencies and regulators.
> Geoff Varga is a partner at Duff & Phelps, and is the global head of Cayman restructuring, working from the New York offi ce. Geoff has over 17 years of public practice experience, with a focus on fi nancial restructurings, insolvency, due diligence engagements, litigation support and forensic investigations.
> Jenny Clift is a senior legal offi cer with the International Trade Law Division, United Nations Offi ce of Legal Affairs, which functions as the Secretariat for the United Nations Commission on International Trade Law (UNCITRAL).
> John Willcock is the editor and publisher of Global Turnaround, the leading information source focusing on international turnarounds, restructurings and insolvencies. Since launching Global Turnaround in 1999 John has built it into the leading independent source for news, analysis and comment on corporate crises and rescues.
> Lucas Kortmann is partner at RESOR and has been involved in most of the major restructuring and insolvency cases in the Netherlands. Lucas’s practice includes litigating for banks, multinational companies, management and court-appointed administrators on all insolvency or restructuring related issues.
> Michael Veder is a professor of civil law at Radboud University and also a member of the European Commission Group of Experts on Restructuring and Insolvency Law, based in Amsterdam.
> Patrick Rona is an international corporate fi nance and insolvency lawyer. He works on cross-border restructurings, mergers and acquisitions, as well as debt and equity offerings, both public and private. Patrick is a delegate to the United Nations Commission on International Trade Law, Working Group V, which works on the interpretation and application of the UNCITRAL Model Law on Cross-Border insolvency.
> Rein Phillips specialises in corporate and bankruptcy law. He co-founded Redbreast, a litigation-funding fi rm operating in the high-end business-to-business segment of the market, based in Amsterdam.
> Ross Clark is chief risk offi cer of Burford and has worked with a wide range of authorities in the UK litigation market, including the government, regulators, the Bar Council and Law Society.
> Stephen Robins is a barrister at South Square and specialises in the fi elds of insolvency and restructuring, banking and fi nance, commercial dispute resolution and civil fraud.
8.30 Registration and coffee
9.00Chairmens’ welcomeGlen Flannery, Nabarro LLP (UK)Nicolaes Tollenaar, RESOR (the Netherlands)
9.10
International case law updateAn update on signifi cant international and cross-border cases, including:
> Kornhaas v Dithmar (CJEU) on the application of German law obligations on directors to English company directors
> Nike v Sportland (CJEU) and Lutz v Bauerle (CJEU) on the application of the EIR Article 13 (detrimental acts) exception
> Nortel (CJEU) on when there is concurrent jurisdiction between main and secondary proceedings
> Olympic Airlines (UK Supreme Court) on the meaning of establishment for EIR > Re Riemann (German Supreme Court)
Gabriel Moss QC, South Square (UK)
10.00
International market updateA collection of hot cross-border topics, including
> ‘Oilmageddon’; the fall-out from oil and gas price collapse, in the US and the North Sea > Portugal and ESB; how the fi rst bail-in using the ECB’s new banking powers
spooked bondholders > NPL sales; an even busier year in Europe > From the Baltics to the Balkans; distressed investors look east > Love them or hate them, English Schemes are everywhere; Spain, Ukraine, Indonesia > A wall of high yield insolvencies; this year or next? > Does Volkswagen need a CRO?
John Willcock, Global Turnaround (UK)
10.45 Coffee break
11.05
Fast moving developments from the European UnionUpdate on the following developments:
> Capital Markets Union and Single Market Strategy > Legislative initiative on insolvency
Dr Bartłomiej Kurcz, European Commission Michael Veder, Radboud University Nijmegen (the Netherlands)Member of the European Commission Group of Experts on Restructuring and Insolvency Law (the Netherlands)
11.40
The rapid rise of litigation fi nance in cross-border insolvencyA panel session highlighting developments and differences in approach in key jurisdictions, including the UK, Germany and the USA.Rein Phillips, Redbreast Associates NV (the Netherlands)Ross Clark, Burford Capital (UK)Christian Stuerwald, Calunius Capital (UK & Germany)Geoff Varga, Duff & Phelps (USA)
12.20INSOL Europe – president’s update An update from the President of INSOL Europe.Alberto Nunez-Lagos, Uria Menendez (Spain)
12.35 Lunch
13.35
Cross-border case studyAn interactive panel which will bring to life some of the main cross-border issues faced in recent and on-going cases, such as African Minerals, Espirito Santo and Singularis.Topics will include:
> Cross-border recognition, relief and assistance > The debateable scope of US Chapter 15 jurisdiction > The relationship between EU and non-EU countries > Successes and failures in cross-border avoidance actions > Different national approaches to prevalent issues in the commodities sector,
including mining, oil and gas, such as personal liability under environmental and health and safety laws
> Other local law issues experienced when working in emerging economiesLucas Kortmann, RESOR (the Netherlands)Craig Martin, DLA Piper (USA)David Soden, Deloitte LLP (UK & Dubai)Stephen Robins, South Square (UK)
15.20 Coffee break
15.40
Global developments coming our wayThe speakers will explain and debate the merits of international initiatives, including:
> Initiatives to address cross-border insolvency in an international convention; and > UNCITRAL’s Working Group view on dealing with cross-border groups
Patrick Rona, Duane Morris LLP (USA)Jenny Clift, UNCITRAL (Austria)
16.35 Conference close
16.45onwards
Drinks reception
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The fee includes all refreshments
London22 April 2016 – Hilton Tower Bridge
£370 + VAT (£444) Fellows
£395 + VAT (£474) Members (R3 & INSOL Europe)
£395 + VAT (£474) New professionals
£485 + VAT (£582) Associates
£565 + VAT (£678) Non-members
I will be making payment by credit card
Please invoice me
I enclose a cheque payable to ‘Association of Business Recovery Professionals’
[email protected] BOOK NOW
INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-
BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-
BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION
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R3 & INSOL EUROPE
INTERNATIONAL RESTRUCTURING
CONFERENCE ONE DAY INTERNATIONAL
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R3 takes your privacy seriously. We will retain and use your personal data to provide you with information on our services. Your name and � rm will be published in the delegate pack for every course you attend, unless otherwise requested. Cheques to be made payable to ‘Association of Business Recovery Professionals’. Bookings will only be accepted on receipt of registration form by post, fax, email ([email protected]) or through the R3 website, www.r3.org.uk.Delegate substitutions are permitted but a supplement will be charged where there is a difference in membership category. Credit notes will only be issued if cancellations are received in writing no less than � ve working days prior to the date of the course. Refunds will not be available. A VAT receipt will be issued.R3 reserves the right to change the programme should circumstances dictate.
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INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-
BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-
BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION CROSS-BORDER INTERNATIONAL RESTRUCTURING CASE LAW EUROPE LITIGATION
The Voice of Business Recovery
Association of Business Recovery Professionals8th fl oor, 120 Aldersgate StreetLondon EC1A 4JQ
Tel: 020 7566 4234Fax: 020 7566 4225Email: [email protected]
Key sponsorship partners
Not already an R3 member?R3 is the leading trade body of Business
Recovery Professionals operating as the most authoritative body for the Insolvency Profession.
How do I join?To take advantage of its member benefi ts, join today and receive discounts
on R3 courses, including this one. Visit www.r3.org.uk today.
CPD AccreditationThe conference constitutes structured CPD to meet the requirements
of the Association of Certifi ed Chartered Accountants (ACCA), the Institute of Chartered Accountants in England and Wales (ICAEW), the
Insolvency Practitioners Association (IPA), the Institute for Turnaround (IFT), Solicitors Regulation Authority (SRA) and the Bar Standards Board.
Bar Standards Board CPD provider ID number: 1087 – 6 hours