Lambadarios Law Firm’s Post

We would like to share that our Partner, Manos Mastromanolis, has released a monograph through NOMIKI BIBLIOTHIKI titled “Executory Contracts in Insolvency Law”. This work introduces the first systematic approach to this intricate topic under Greek law. Manos's book delves into doctrinal foundations, comparative perspectives, the context of bankruptcy, preventive restructuring, and practical applications to trademark licenses, offering related insights. Congratulations Manos for your dedication and work throughout the years! For the monograph in Greek: https://lnkd.in/dXsMdCqR #lambadarioslawfirm #insolvencylaw #bankruptcy

Our European Restructuring and Insolvency Group has published a new legal update which provides a comparative overview of the most important challenge rights offered by the insolvency laws of Germany and France as well as England and Wales, but is in no way conclusive. Please read more of the legal update here: https://lnkd.in/gvkxFuRF   Authors: Tina Hoffmann, Nicola Hughes, Amy Jacks, Hervé Kensicher, Dr. Malte Richter, Inga Rupp, Devi Shah, Stefanie Skoruppa, Patrick Teboul, Dr. Marco Wilhelm, Alexandra Wood   #LegalUpdate #Insolvency #Rights

Arbitration v. Winding Up – To Stay or Not To Stay?   The intricate interplay between insolvency proceedings and arbitration clauses has sparked a longstanding legal dilemma, engendering spirited debates and leaving courts grappling with conflicting policy considerations. In this article, we delve into the contrasting approaches adopted by the court in Hong Kong, examining the traditional triable issue threshold, the groundbreaking Lasmos approach, and recent case law developments. By exploring the nuances of this complex issue, we aim to shed light on the path toward striking a delicate balance between insolvency proceedings and the enforcement of arbitration clauses, ensuring the preservation of both public and private interests in Hong Kong's legal system.   Read the full article here: https://lnkd.in/gM8nDDHR  

2025 will see significant developments in Hong Kong's commercial litigation, including insolvency rulings, crypto-assets disputes, and new mechanisms for cross-border judgment enforcement. Take a quick read of this article to stay informed on these trends and navigate the evolving legal landscape.

Really interesting case just out for Litigators and Corporate lawyers...or just my fellow law geeks 🤓 In it, the appointment of a judicial factor to a partnership was recalled after an ex parte hearing. The main takeaways:- 🤫 duty of candour at ex parte hearings (summarised at para 17)- this case was in relation to the appointment of a judicial factor, but the duty of candour (and the consequences of any failure) applies in any ex parte context, e.g. interim interdicts etc 🥚 courts are reluctant to appoint an interim JF where the partnership is still trading. In a recent director deadlock case of mine the sheriff alluded to similar, citing a hesitance to "kill the goose that laid the golden egg" ⛔ "deadlock"- how do we define it? In this case, "disagreement on many issues is not the same as deadlock". Tread very carefully when advising your client! 🇫🇷 “en passant”- excellent use of French in a judicial determination- not done nearly enough-Latin is so yesterday #scottishcivillaw #coporatelaw #partnershipdisputes

On 13 August 2024, Anson Wong Yu Yat delivered a CPD talk at Howse Williams 何韋律師行 on the topic of “Recent Development: Dividing Line between Insolvency and Arbitration”. Building upon his previous sharing session at Howse Williams, Anson explored the recent guidance provided by the Hong Kong Court of Appeal regarding the court’s approach in winding-up proceedings involving disputes covered by arbitration agreements. He also discussed the latest advancements in this area from both Privy Council and English law perspectives, and offered practical insights into matters related to winding-up and bankruptcy. #windingup #insolvency #arbitration

📢 The Law of 7 August 2023 on business preservation and modernising bankruptcy law introduces three new judicial reorganisation procedures that aim to preserve the continuity of a company’s assets or activities. 💡This Newsflash intends to provide an overview of the rules and procedures specific to the judicial reorganization procedure by collective agreement.   🧐 Click here to get the complete insight – https://lnkd.in/etrxTzns ☝ A question? Don’t hesitate to contact our experts: Mathieu Laurent (Avocat à la Cour, Partner) and Anneleen Hofkens (Avocat à la Cour, Counsel) #Luther #Lawfirm #unyer #Luxembourg #Judicial #Newlaw

In an article originally published by INSOL International, BVI Partner Shane Donovan examines the British Virgin Islands' approach to cross-border insolvency under its insolvency laws.   The feature explores significant court cases that have influenced the interpretation of common law assistance and statutory rules, focusing on the challenges of recognising insolvency proceedings from non-designated countries, and provides an update on recent amendments made to the statutory regime which will enable foreign officeholders from additional jurisdictions to obtain assistance.   Read the full article here: https://lnkd.in/e-Pn3JMk