News & Events

3rd Conference of the Judicial Insolvency Network on 5 April 2019

The Judicial Insolvency Network (“JIN”) met in Singapore on 5 April 2019. This was the 3rd conference of the JIN, following the 1st conference also in Singapore on 10 and 11 October 2016 and the 2nd conference in New York City on 22 and 23 September 2018.

The conference discussed the four projects which the JIN initiated at the 2nd conference. They relate to: (i) core principles on recognition of foreign insolvency proceedings and judgments; (ii) modalities of court-to-court communication; (iii) guidelines when maritime law and insolvency law intersect, especially the arrest of ships and Articles 19, 20 and 21 of the UNCITRAL Model Law on Cross-Border Insolvency; and (iv) identification of insolvency disputes which parties should consider sending for alternative dispute resolution.

Members of the JIN who attended the conference comprised judges from the following courts:

   (i) the United States Bankruptcy Court for the Southern District of New York;
   (ii) the United States Bankruptcy Court for the District of Delaware;
   (iii) the Grand Court of the Cayman Islands;
   (iv) the Supreme Court of Bermuda;
   (v) the Court of Appeal of England and Wales;
   (vi) the Federal Court of Australia;
   (vii) the Supreme Court of New South Wales;
   (viii) the Seoul Bankruptcy Court; and
   (ix) the Supreme Court of Singapore.

The four projects have made progress. In particular, there was detailed discussion on the modalities of court-to-court communication in insolvency proceedings resulting in a draft being prepared for circulation to the various JIN members for comment (the “Modalities”). Unlike the Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (the “JIN Guidelines”) issued by the JIN in October 2016, which focus on the principles governing how courts should communicate with one another, the Modalities focus on the mechanics of court-to-court communication. These include how a court may initiate communication with another court, the arrangements as to time, method and language of communication, and the designation of a facilitator for this purpose. Akin to a checklist, the Modalities seek to distil the basic administrative issues a court may wish to address in advance in relation to court-to-court communication, bearing in mind the time, language and cultural differences that may underpin much of cross-border communication. It is expected that the JIN will issue the Modalities later this year. The JIN hopes that the Modalities will receive the same positive reception as the JIN Guidelines have.

Members at this JIN meeting also welcomed the adoption of the JIN Guidelines by the District Court Midden-Nederland (the Netherlands), which is the second European court to adopt the JIN Guidelines. The Chancery Division of the High Court of England & Wales adopted the JIN Guidelines on 5 May 2017.



2nd Conference of the Judicial Insolvency Network in September 2018

Judges from the JIN met in New York City on 22 and 23 September 2018. The meeting in New York City was the second conference of the JIN and was jointly hosted by the US Bankruptcy Court for the Southern District of New York and the US Bankruptcy Court for the District of Delaware. The first conference was hosted by the Supreme Court of Singapore in October 2016. At the second conference, judges from close to 20 courts from around the world noted the importance to the international insolvency community of common principles and guidelines on cross-border insolvency matters prepared and agreed upon by judges from various key commercial jurisdictions. Building on the progress made thus far, the judges agreed to embark on four new projects.

  1. Core principles on recognition of foreign insolvency proceedings

    To date, while over 40 jurisdictions have adopted the Model Law on Cross-Border Insolvency (the “Model Law”), an overwhelming majority of jurisdictions have not and different jurisdictions (including those that have adopted the Model Law) have varying approaches to the recognition of foreign insolvency proceedings. The judges agreed to produce a set of core principles on the recognition of foreign insolvency proceedings. A sub-committee of judges agreed to steer the direction of this JIN project.

  2. Modalities of court-to-court communication

    Recognising the difficulties of communication between courts posed in no small part by language and cultural differences, the judges considered that it would also be useful to devise a set of modalities for court-to-court communication to guide international stakeholders on how courts from diverse backgrounds (such as those from civil and common law systems) could communicate effectively. A separate sub-committee of judges was formed to lead this project.

  3. Guidelines when maritime law and insolvency law intersect, especially the arrest of ships and Articles 19, 20 and 21 of the Model Law

    Insolvency law, neither creating nor extinguishing rights, seeks to manage the rights of competing stakeholders in insolvency in an organised and collective manner amidst the interplay of a web of various private and international laws. Admiralty law is notably one of them where the interaction – or even conflict – between the two bodies of law for the satisfaction of claims has posed difficult problems. The judges therefore decided to look into this intractable area with focus on the arrest of vessels in the context of the Article 20 relief under the Model Law. Some of the judges with experience in admiralty law will take charge of this project.

  4. Identification of insolvency disputes which parties should consider sending for alternative dispute resolution

    The JIN will also be examining how arbitration can be tapped for the resolution of certain insolvency matters for a more efficient resolution of disputes.


The District Court Midden-Nederland (the Netherlands) is the latest to adopt the JIN Guidelines

On 1 May 2019, the District Court Midden-Nederland (the Netherlands) adopted the JIN Guidelines for the purpose of communication and cooperation with courts outside of the European Union. The adoption by the District Court Midden-Nederland (the Netherlands) is published on its website, https://www.rechtspraak.nl/English/Pages/International-Insolvency.aspx.