An ABI Committee Newsletter
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| Vol 20, Num 2 | September, 2025
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by
Kenneth D. Kraft, Dentons Canada LLP
Jennifer Jenkins, Mourant Ozannes
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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:
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- Our International committee membership count outside of the U.S. has climbed to 305 members across 45 countries, with Cayman, Canada and the U.K. leading the way. We are looking to increase the geographic reach of the membership and are working on several initiatives in this regard.
- We recently held a fun and successful meet and greet, and we're planning another online for Sept. 30. Click here to
register.
- We were excited to see many of you at ABI's Annual Spring Meeting this past April in Washington, D.c. we paired with the Real Estate Committee to talk about cross-border real estate insolvencies.
- Following the Annual spring Meeting, ABI held its second annual International Latin America Symposium, this time at the Charleston Santa Teresa Cartagena in Cartagena, Columbia, on May 12-14. The conference attracted speakers and attendees from the U.S., Latin America, and Europe. The fully translated English/Spanish sessions included cross-border insolvency strategies, sovereign debt restructurings in Argentina and El Salvador, and innovative financing tools for the region, plus an exclusive luncheon with Luis Guillermo Vélez, former Secretary General to President Juan Manual Santos and key architect of Colombia's Peace Agreement and OECD entry.
- Our
international conferences are shaping up beautifully:
- Berlin (Oct 26-28) is coming along nicely in partnership with INSOL.
- Our International North American Insolvency Symposium is slated for Nov. 5, 2025, in New York City, where we'll be recognizing the winner of the International Matter of the Year Award.
- Winter Leadership Conference (Dec.4-6, 2025) in Tuscon Ariz., will be upon us in no time. We have teamed up with the Commercial and Regulatory Law committee to deal with the global evolution of crypto regulation.
- The International Caribbean Insolvency Symposium is scheduled for Jan14-16,2026, in Grand Cayman. stay tuned for more information as it is available.
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Registration is open for the first three above-noted conferences.
Among other news, the August ABI Journal featured a special section on international matters. ABI members published 10 articles on a variety of international insolvency topics. ABI’s VP-International, Katie Catanese, provided the foreword.
That’s our journey so far this year — from fresh faces to fresh ideas. We’re looking forward to what’s ahead!
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by
Spencer Vickers, Conyers
(George Town, Grand Cayman, Cayman Islands)
Clare Bradin, Conyers
(George Town, Grand Cayman, Cayman Islands)
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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.
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| Madera Technology Fund (CI) Ltd.
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In Madera Technology Fund, the Grand Court considered a petition by the largest investor in the company to wind up the company on just and equitable grounds. The Court found that the company had acted for an improper purpose when partially redeeming the petitioner’s shares and issuing a notice converting the petitioner’s remaining shares to nonvoting shares. However, the Court concluded that an order for the company to buy out the petitioner’s shares would be an appropriate alternative remedy to a winding-up order under the circumstances.
Read Full Article Online →
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Spencer Vickers
Conyers
George Town, Grand Cayman, Cayman Islands
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Clare Bradin
Conyers
George Town, Grand Cayman, Cayman Islands
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by
Luigi Pavanello, PLLC-Legal (Vicenza, Italy)
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With Regulation 2015/848 (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). The choice is clear: through COMI, the EU intent is (1) on the one hand, to grant jurisdiction to the court closer to the debtor and its economic life, and (2) on the other hand, to provide the creditor with an easy-to-use instrument to determine the jurisdiction and competent court therein.
COMI has become an essential part of the EU member states’ legislation such that when the Italian Parliament and Government has finally enacted the long-awaited reform,
the Italian Bankruptcy law called the “Codice della Crisi d’Impresa e dell’Impresa” (verbatim, Code of the Enterprise Crisis and Insolvency, or CCII), they expressly included COMI as a criteria to determine the existence of Italian jurisdiction. In fact, Article 11 of the CCII expressly states, “[e]xcept as provided by international conventions and the laws of the European Union, Italian jurisdiction over a petition for an instrument designed to regulate the crisis and insolvency or a bankruptcy proceeding provided for by this law, exists when the debtor has its center of main interests or an establishment in Italy.” In addition, the CCII further provides that “[t]he enterprise that has its main center of interest may be admitted to a procedure regulating the crisis and insolvency or subject to a bankruptcy proceeding in the Italian Republic even if a
similar procedure had been opened abroad when it has an establishment in Italy.”
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Looking to expand your professional network, sharpen your cross-border insolvency expertise, and make a meaningful impact within the restructuring community? The American Bankruptcy Institute’s International Committee offers numerous opportunities for members to get involved, share their knowledge, and grow their careers.
Whether you’re interested in writing articles, helping plan educational programs, or organizing networking events, the committee welcomes professionals of all levels and backgrounds. Volunteering provides a unique chance to collaborate with leading practitioners, judges, and academics from around the globe while shaping ABI’s international programming and resources. Join us today and be part of a vibrant community that drives innovation, fosters collaboration,
and strengthens global connections in the field of insolvency and restructuring.
Learn More & Get Involved →
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Join us for a fun and informal virtual gathering starting at 9 AM ET on September 30 to connect with fellow members of the International Committee from around the globe. Whether you're a longtime member or new to the group, this is a great opportunity to introduce yourself, share ideas, and build global connections. Let’s strengthen our international community—one conversation at a time!
Complimetary Registration →
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