The Release Of Claims In Cross-border Restructurings: Forum Shopping And Related Party Releases In England, Singapore And The US
| Published date | 20 July 2026 |
| Subject Matter | Corporate/Commercial Law, Insolvency/Bankruptcy/Re-Structuring, Financial Restructuring, Corporate and Company Law |
| Law Firm | Herbert Smith Freehills Kramer LLP |
| Author | Andrew Cooke, Megan M. Wasson and Jonathan Tang Yuan |
In England, it has long been a feature of statutory restructuring processes that the court can release liabilities owed not only by the debtor company, but also by third parties. Typically, those third parties might include related parties of the debtor company, guarantors of its obligations and the debtor company's personnel or advisors. Similar principles have been applied in Singapore and the US.
However, practice has recently diverged in these three key global restructuring centres giving rise to the...
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