International

COMI and International Insolvency Proceedings

With Regulation 2015/848[1] (the “Insolvency Proceedings Regulation”), the European Union (EU) has enacted a set of rules designed to establish jurisdiction in insolvency proceedings. As in the case of several recently enacted EU directives and regulations, the cornerstone of the Insolvency Proceedings Regulation and criteria to establish jurisdiction is the debtor’s “center of main interests” (COMI).

Invaluable Cayman Islands Law Insights on Valuation Issues

The Cayman Islands continues to be a leading jurisdiction for high-value cross-border insolvency and restructuring disputes, with the Grand Court (and appellate courts) frequently called upon to address complex and novel valuation issues. Two recent decisions — In the Matter of Madera Technology Fund (CI) Ltd (Grand Court, 31 July 2024) and Changyou.com Ltd v Fourworld Global Opportunities Fund and others (Privy Council, 11 March 2025) — have added to the growing body of Cayman Islands case law on these issues.

Co-Chairs’ Corner

We're delighted to be catching you up on all the buzz from our ABI International Committee. From membership growth and event-planning to content creation and strategic engagement, we’ve been busy!

Here’s a roundup of what we’ve been up to:

Asset-Recovery Issues and Strategies: Latin America

The first in a series of webinars focusing on insolvency topics across geographies, this session delves into issues and strategies affecting asset recovery. Hear from professionals active in countries across Latin America who will explain what legal, financial and logistical challenges they face in recovering assets, both domestically and across borders, and the tips and tools they use to overcome obstacles.

A Deep Dive into Cross-Border Real Estate Insolvencies: Evergrande and Beyond

This panel provides an overview of some key issues, sectors and trends in real estate from a global and cross-border perspective by examining the status of asset class and related global/regional market conditions, issues confronting stakeholders and the legal tools they are using to manage and reposition assets, and predictions for the balance of 2025. Considerations for U.S. investors in non-U.S.-based real estate projects, as well as the perspectives of certain foreign investors or lenders to U.S. real estate-based projects, also is discussed.

International | April 2025

New Member Spotlight

The International Committee community continues to grow! We’re excited to welcome our newest member to the committee:

International Matter of the Year

McDermott International

ABI International Conference Summaries

The ABI International Latin America Insolvency Symposium took place in Mexico City, September 8-10, 2024, bringing together prominent bankruptcy judges and experienced practitioners. The event provided a comprehensive exploration of Latin America’s evolving insolvency and economic landscape, offering attendees practical insights and opportunities to deepen their professional connections.

England or Delaware? Discrete Perspectives of Creditors and Directors After Corporate Insolvency Across the Atlantic

Author’s Note: This is an edited excerpt from the author’s forthcoming master’s thesis, a larger-scope comparative study on “wrongful trading” in England under Insolvency Act 1986, s 214 and the tort of “deepening insolvency” in some U.S. states.