Scientific reports of Bukhara State University


Introduction. This Article is a detailed analysis of one of the most complex and landmark judgments in the area of cross border group insolvency. It traces the timeline of the insolvency of Nortel Plc. and the simultaneous proceedings in multiple jurisdictions. Introduction followed by Literature Review. Research methods are exploratory in nature, since the study has to explore a case of the simultaneous proceedings in multiple jurisdictions. Results and discussions. The Article discusses that there are two major methods for dealing with corporate groups undergoing insolvency, which are: Procedural Coordination and Substantive Consolidation. Under such mechanisms which little to no precedence in any jurisdiction, this case carved out its own path to arrive at the outcome of Pro-Rata Allocation. The case is significant for being heard at the same time in two courtrooms, one in Delaware and one in Ontario, that were linked in order to receive live evidence together. This Article discusses the importance and significance of having a cross border group insolvency regime in place. In the era of Globalisation, the integration of national economies into a global economic system has been one of the most important developments of the last century. Globalisation has resulted in improving international trade drastically. It has resulted in higher inter connection and awareness of opportunities and now investors can access new business opportunities across the Globe. Investors invest in corporate debtors of different jurisdictions which lead to so many risks. Foreign investors take into consideration various factors while investing in a country and strong insolvency laws is one of the factors. Every foreign investor would like to protect his rights when the company becomes insolvent and at that point the cross border insolvency law will come into picture. Cross Border Insolvency laws deals with insolvency of companies which operates in more than one jurisdiction. Conclusions. This case is a significant milestone in cross-border group insolvency that set the precedence for finding innovative solutions without disturbing the sanctity of the legislations in place, for the benefit of the stakeholders involved, that resulted in maximum returns for the claimants of the Group.

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1. Stijn Claessens, “Policy approaches to Corporate restructuring around the World: What worked, What failed?” (2004), https://www.semanticscholar.org/paper/Policy-Approaches-to-Corporate-Restructuring-Around-Claessens/086bcca80d3e282ac3d1bc77ce4eace8fb684ef3#citing-papers

2. Sergei A. Davydenko, Julian R. Franks, “Do Bankruptcy Code matters? A study of defaults in France, Germany and the UK”, Vol 63(2), The Journal of the American Finance Association, 565-608 (September 2006), file:///C:/Users/welcome/Downloads/SSRN-id647861.pdf

3. Mario Gamboa-Cavazos, Frank Schneider, “Bankruptcy as a legal process”, The World Bank Group (2007), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=979614

4. Peng, Mike W., Yasuhiro Yamakawa and Seung-Hyun Lee, “Bankruptcy Laws and Entrepreneur- Friendliness”, Vol 34(3), Entrepreneurship Theory and Practice, 517-530 (May 2010)

5. Klapper, Leora, “Saving Viable Businesses: the effect of insolvency reform”, Vol 1 World Bank Other Operational Studies, (September 2011)

6. Lee, Seung-Hyun, Yasuhiro Yamakawa, Mike W. Peng and Jay B. Barney, “How do bankruptcy laws affect entrepreneurship development all around the world?” Vol 26(5) Journal of Business Venturing, 505-520 (September 2011)

7. Menzes, Antonia Preciosa, “Debt Resolution and Business Exit: Insolvency reform for credit, entrepreneurship and growth”, Vol 1 World Bank Journal of Public Policy (September 2014)

8. Muge Adalat McGowan and Dan Andrews, “Insolvency Regimes and Productivity Growth: A Framework for Analysis” Organization for Economic Co-operation and Development (OECD) Economics Department Working Paper No 1309 (July 01, 2016)

9. Jose Garrido, “Insolvency and Enforcement Reforms in Italy”, Vol 16(134), International Monetary Fund Working Paper (July 2016)

10. Javish Valecha and Ankita Anupriya Xalxo, “Overview of the Insolvency and Bankruptcy Code, 2016 & the accompanying regulations”, Vol 3(4), Journal on Contemporary issues of Law (2017)

11. Shivam Goel, “The Insolvency and Bankruptcy Code, 2016 : Problems and challenges” Vol 3(5), Imperial Journal of Interdisciplinary Research (2017)

12. Indronil Roychowdhury, “Insolvency & Bankruptcy: Focus on resolution and not liquidation, says IBBI Chief MS Sahoo”, Financial Express, June 20, 2018, https://www.financialexpress.com/industry/banking-finance/insolvency-bankruptcy-focus-on-resolution-and-not-liquidation-says-ibbi-chief-ms-sahoo/1200219/

13. Andres Martinez, “Importance of Legal aspects of NPL Resolution”, World Bank Group May 2018

14. PwC, “Decoding the Code: Survey on Twenty One Months of IBC in India”, Confederation of Indian Industry (2018), https://www.pwc.in/assets/pdfs/publications/ 2018/decoding-the-code-survey-on-twenty-one-months-of-ibc-in-india.pdf

15. Anup Roy, “Banks' recovery improves after insolvency code, changes in SARFAESI” Business Standard Report, December 29, 2018, https://www.businessstandard.com/article /economy-policy/insolvencyand-bankruptcy-code-improved-recovery-for-bankssays-rbi-report-118122801074_1.html Richard Leblanc, The Handbook of Board Governance: A Comprehensive Guide for Public, Private, and Not-for-Profit Board Members (John Wiley & Sons, 16-May-2016)

16. Deepak Tandon, Neelam Tandon, “Ballooning Non-Performing Assets in Indian Banking and Insolvency and Bankruptcy Code: Resolution Plans and Cases”, Vol 6(1) International Journal of Political Activism and Engagement, 1-24 (2019)

17. Renuka Sane, “The way forward for Personal Insolvency in Indian Insolvency and Bankruptcy Code”, National Institute of Public Finance and Policy- Working Paper No. 251 (January 3, 2019), https://www.nipfp.org.in/media/medialibrary/2019/02/WP_251_2019.pdf

18. Nortel Networks Corporation (Re), 2015 ONSC 2987, Superior Court Of Justice – Ontario, 05.12.2015 (accessed at https://www.ontariocourts.ca/scj/files/judgments/ 2015onsc2987.htm)

19. In re: Nortel Networks, Inc., et al., Chapter 11, Case No. 09-10138(KG), In The United States Bankruptcy Court For The District Of Delaware (accessed at https://www.deb.uscourts.gov/sites/default/files/opinions/judge-kevin-gross/nortel-allocation-opinion-and-order_0.pdf)

20. Nortel Networks Corporation (Re), 2015 ONSC 2987 (accessed at https://www.insol.org/_files/Fellowship%20Class%20of%202014%20%202015/Literature/Session%2017/Nortel%20Canadian%20Judgment.pdf)

21. In re Owens Corning, 2005 US LEXIS 17150 at 205 (3d Cir 2005) [Owens].

22. Michael Barrett, Substantive Consolidation After Nortel: The Treatment of Corporate Groups in Canadian Insolvency Law, last accessed on 16.01.2020 at https://www.insolvency.ca/en/ whatwedo/resources/SubstantiveConsolidationAfterNortel_TheTreatmentofCorporateGroupsinCanadianInsolvencyLaw.pdf

23. Global dispute over allocation of Nortel assets, LexisNexis,accessed at https://www.lexisnexis.co.uk/blog/restructuring-and-insolvency/global-dispute-over-allocation-of-nortel-assets

24. Adam J. Levitin, Business Bankruptcy: Financial Restructuring and Modern Commercial Markets, Wolters Kluwer Law & Business

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