Past Conference Agendas

Judicial Perspectives from Around the Globe: Notable and Consequential Cases for the Future of Cross-Border Insolvency Practice

• Judicial Perspectives panel brings together several renowned judges from around the world for a candid, comparative discussion on how courts actually approach complex commercial and restructuring disputes. Drawing on experience across jurisdictions, the panel will explore judicial discretion, evidentiary assessment, and the balance between procedural rigor and commercial reality, as well as evolving attitudes to cross-border coordination, recognition and international best practice—offering practitioners rare, practical insight into what truly matters when cases reach the bench.

Rise of Private Credit and Its Impact on Restructuring International Perspectives

• This panel will explore the significant growth of private credit as an alternative to traditional institutional and bank lending, examining how this shift is transforming the landscape of corporate restructuring globally. Experts will discuss the unique features of private credit, its influence on deal structures, and the implications for distressed companies and stakeholders in the United States, Europe, and Asia. The conversation will highlight regulatory challenges, market dynamics, and the evolving role of private credit providers in cross-border restructurings. Attendees will gain insights into emerging trends and strategies for navigating the complexities introduced by private credit in today’s restructuring environment. 

The Evolving Landscape of Liability Management Exercises & Alternatives

• This panel will explore the surge in liability management exercises (LMEs) as a critical tool in distressed situations, moving beyond their traditional role in US restructurings to examine their increasing adoption across global markets. Once a distinctly American restructuring strategy, LMEs are now making their way into the European market. We will analyze the various forms these transactions take, including uptier and drop-down structures, their impact on creditor rights, the rise of “creditor-on-creditor violence,” and the resulting complexities and litigation risks. Drawing on recent case law and market trends, the discussion will highlight the strategic considerations for debtors, lenders, and sponsors navigating these complex exercises, both within and outside formal bankruptcy proceedings. 

The Intersection of Arbitration and Bankruptcy: Stays, Governing Law, and Awards

• This session for restructuring and insolvency legal professionals will examine how insolvency moratoria interact with ongoing or contemplated arbitration, whether and when the stay applies, and which law governs when insolvency collides with arbitration (lex fori concursus vs lex arbitri vs governing law contract). The discussion will assess the effect of insolvency on arbitral awards and enforcement risk, including public policy defenses, and distill practical strategies. Recent developments in Asia (Singapore, Hong Kong, PRC Mainland, and selected jurisdictions) will be compared, and a cross-border hypothetical will be used to map outcomes and tactics across key forums. 

Valuation Issues: Methodologies, Market Testing, and Fairness Allocation

• This panel will explore why valuation is the central battleground in court-supervised restructurings across US Chapter 11, UK Part 26A and Dutch WHOA regimes. We will compare jurisdictional approaches to where value breaks, the evidence courts prefer, and how reorganization value is allocated and subject to cramdown mechanics. 

  Key discussions will cover valuation methodologies like DCF and comparables, their credibility and how they interact with market-tested evidence. A comparative case study will illustrate value allocation between senior and junior creditors. 

  The session will conclude with practical strategies to litigation-proof valuation records, focusing on market tests and fair sharing of reorganization benefits.

Insolvency Trends in Retail, Hospitality, and Construction

• This panel will examine current insolvency trends across the retail, hospitality, and construction, highlighting the key economic pressures driving financial distress and restructuring activity. Panelists will also explore how evolving trade tariffs and supply-chain disruptions are impacting costs, liquidity, and cross-border operations, shaping insolvency risk and recovery strategies across these industries.