Third Party Releases: UK, Netherlands, Italy
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Description
In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, we covered the treatment of third-party releases in three European jurisdictions: the UK, Netherlands and Italy. Our expert panelists were Professor Gerard McCormack (University of Leeds), Professor Alessandra Zanardo (Ca’ Foscari, University of Venice) and Prof. Dr. Omar Salah (Norton Rose Fulbright, Tilburg University, III NextGen). After a short introduction on what third-party releases are, our panelists discussed the topic from the perspective of their jurisdictions. Prof. Zanardo observed that in Italy the framework is fluid, and that the judicial approach to third-party releases may change as a result of recent legislative changes. In the Netherlands, Prof. Dr. Salah discussed the requirements for obtaining a third-party release as part of a Dutch scheme (i.e. WHOA). Finally, Prof. McCormack expanded on a provocative and counter-intuitive remark that the pro-release approach under English law may result in fewer companies shopping for the English restructuring forum. NextGen’s Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands), introduces this podcast, which has been moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early late February 2024, with the information correct at the time of the recording.
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