Clifford Chance
Guide to Asia Pacific Restructuring and Insolvency Procedures
We are pleased to present the third edition of our guide to restructuring and insolvency laws and procedures across key jurisdictions in the Asia Pacific region. This updated guide provides an overview of each jurisdiction’s applicable laws and regulations on key areas of concern, with chapters covering Australia, Mainland China, Hong Kong SAR, India, Indonesia, Japan, South Korea, Malaysia, Philippines, Singapore, Taiwan, Thailand, and Vietnam.
Restructuring and insolvency activity remains elevated across the region, following the COVID-19 pandemic and a period of higher interest rates. Local structural and other factors are driving activity in specific jurisdictions.
Since the launch of the second edition in 2018, there have been significant legislative changes in jurisdictions including Australia, Malaysia, India, and Singapore. Notably, Singapore and Malaysia have introduced new provisions for cramdowns in schemes of arrangement, pre-pack schemes, and super priority rescue financing. Mainland China has also introduced pilot arrangements for the mutual recognition of insolvency proceedings between Hong Kong SAR and Mainland China.
We are one of the few firms with on-the-ground coverage across Greater China, Southeast Asia, and Australia, and our extensive presence and experience position us as the go-to advisors for complex cross-border restructuring.
We express our sincere gratitude to the following firms for their contributions: AZB & Partners (India); ABNR (Indonesia); Bae, Kim & Lee LLC (South Korea); SyCipLaw (Philippines); Shearn Delamore & Co (Malaysia); Russin & Vecchi (Taiwan); Chandler MHM Limited (Thailand); and VILAF (Vietnam).
This guide serves as your initial point of reference for each key jurisdiction. If you need further information or assistance on any topic covered in this guide, we are here to help.
