November 21, 2016
Publication: INSOL World
In cross-border insolvency proceedings, it is often misguided to select a forum based on the location of the insolvent entity or group in an attempt to take advantage of familiarity of local rules or a “home-field advantage.” Insolvency lawyers Rebecca Hume, based in the Cayman Islands, and Randall Arthur, based in Hong Kong, discuss the strategic advantages to utilizing the insolvency procedures of foreign jurisdictions in addition to, or instead of the home jurisdiction in a recent INSOL World article. The article touches on several recent cases that highlight the importance of considering jurisdictional issues, both pre- and post-appointment, and how forum selection can impact a party’s strategy for maximizing recovery.
For a copy of the article, “Home is Not Always Best – Importance of Forum to Maximize Asset Recovery,” please email contact.us@kobrekim.com.