Some of these disputes are being litigated in national courts, but the use of arbitration is becoming more common in some places.
We have a dedicated team of restructuring and dispute resolution experts who give the best possible advice in these critical situations and know the procedural specifics of the relevant forum.
We cover:
- disputes in connection with restructuring or insolvency plans;
- the full range of options in cases of anticipated default or covenant breach. We have acted for the issuer/borrower and noteholder/lender side, and can find creative financing and liability solutions, litigate claims for breach of contract and seek or defend enforcement of judgments;
- the enforcement of security over shares or other assets in insolvency;
- the representation of insolvency officeholders and restructuring officers in legal disputes;
- the defence of reorganisations and other corporate restructuring measures in the face of opposition from shareholders;
- the assertion or defence of: insolvency claw-back claims; liability claims against management or shareholders in the context of insolvency; and claims arising from violations of capital maintenance rules;
- disputes arising from distressed M&A deals; and
- disputes in the context of the subordination of shareholder loans.
Among our clients are domestic and multinational companies, financial creditors, insolvency practitioners and governments and regulators.
With a reputation for a cutting-edge, commercial and solution-focused approach, you can be sure that our team will hit the ground running whenever you need us – and regardless of how many jurisdictions your situation touches. In Germany, for example, recognising the needs our clients have for deep expertise in these areas, we have established a core group of partners and associates who specialise in this work – with a track record over the last ten years specifically on the interface between R&I advisory and dispute resolution. In London, New York and in Hamburg, we are unique among top tier restructuring firms in having a litigation group specifically dedicated to restructuring and insolvency.