Venue
Ashworth Centre,
The Honourable Society of Lincoln's Inn,
London WC2A 3TL
Timings
21 September 2023 - 21 November 2023
Overview
This seminar, “Lessons for commercial practitioners from cross-border insolvency”, was addressed at general commercial litigators as well as those who practise in insolvency. Ali Reza Sinai and Oberon Kwok discussed common pitfalls and important lessons from cross-border insolvency of which all litigators need to be aware, especially after Brexit.
Programme
18:05 When English enforcement proceedings clash with foreign insolvencies
Ali Reza Sinai spoke about:
- How English enforcement proceedings and foreign insolvencies compete with each other under the Cross-Border Insolvency Regulations
- The importance of being ‘first past the post’
- The impact of Brexit
- The case of Re OOO Nevskoe (No. 1) [2023] EWHC 15 (KB), in which Ali and Oberon acted for the foreign liquidator
18:30 When English debts clash with foreign insolvencies
Oberon Kwok spoke about:
- How English-law governed debts are affected by foreign insolvencies under the rule in Gibbs
- The impact of Brexit on the rule
- The legislative changes currently being considered by the Government
- Practical tips on what English creditors should or should not do when a debtor enters a foreign insolvency
19:00 Drinks Reception and Canapés
- Dietary Requirements: There will be gluten free, vegetarian and vegan canapé options.
- Allergies: Please note the food may contain traces of nuts. Please notify the front of house manager if you have a severe allergy to any food.
If you are unable to make the seminar but would like to attend our drinks reception, we would be delighted to see you there!
Speakers
Ali started practice in October 2005 upon completion of 12 months pupillage. He has appeared in Courts in both England and France, and acted in international arbitrations and specialist adjudications such as in the Intellectual Property Office. In England, he has appeared at all levels including the Supreme Court, the Court of Appeal, the High Court BPC (including the Business, Insolvency, Companies and PTB lists, the Commercial Court and the Intellectual Property & Enterprise Court) and the Administrative Court. He has also represented English clients in Courts of Appeal of Paris and Aix-en-Provence.
Prior to pupillage, Ali qualified as an Avocat at the French Bar, worked for S.G Archibald in Paris and Dewey Ballantine in London and was a stagiaire with the European Contract Law Team at the European Commission in Brussels. He was awarded the David Karmel Award by Gray’s Inn and the Entente Cordiale scholarship by the British Council.
Ali studied LLB with French Law at the London School of Economics, before obtaining postgraduate degrees from the LSE (LLM in European Law) and Paris I Sorbonne University (DEA in Private International Law). In 2004, he was a Visiting Research Scholar at the Institute of European and Comparative Law at the University of Oxford and he holds a PhD in EU Conflict of Laws from Kings College London, which he completed under the supervision of Professor CGJ Morse, and which was examined by Professor Richard Fentiman and Professor Ian Fletcher. Prior to entering practice, he published some of his research including “The Action Plan on European Contract Law: perspectives for the future of European contract law and EC consumer law” (with Jens Karsten), 2003 Journal of Consumer Policy 159-195, “The inclusion of mandatory rules in an optional EC contract law instrument” 2004 European Business Law Review, 41-71.
Ali accepts instructions in French and has an understanding of French law. He has often collaborated with French lawyers for clients involved in proceedings in France.
Oberon has particular expertise in insolvency. His practice spans the full range of corporate and personal insolvency and restructuring law in both domestic and cross-border contexts.
Oberon also has extensive experience in property, company and commercial litigation.
He appears regularly in the Business and Property Courts and the County Court on matters within these practice areas.
Oberon is currently acting on an ongoing multi-million euro dispute in the Business List over the sale of a famous golf course in Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023] EWHC 1203 (Ch) (with Gary Blaker KC). Recently, he has also successfully acted as sole counsel in the Court of Appeal in Watts v The Commissioners for Her Majesty’s Revenue and Customs [2021] EWCA Civ 1124; [2022] B.P.I.R. 324.
Since 2019, Oberon has been on the Attorney-General’s London C Panel of Counsel.