IBA Annual Conference Paris 2023

29 Oct - 3 Nov 2023

Room 342 B, Level 3

Session information

Real estate bankruptcies: what have we learned from the 2008 banking crisis?
Room 342 B, Level 3

Committee(s)

Insolvency Section (Lead)
Real Estate Section (Lead)
Closely Held Companies Committee

Description

Real estate bankruptcies are on the increase globally. This interactive session jointly moderated by the Real Estate Section and Insolvency Section will consider the current approach to Real Estate projects in financial difficulty. 
 
Questions to be discussed will include: 
 
• What provisions should be included in real estate development agreements to best protect parties (lenders/developers/landlords/tenants) from the impact of financial distress?
• When a developer, landlord or tenant is threatened with imminent insolvency what restructuring steps can be taken to preserve the value of the development and ensure its completion?
• Once a developer, landlord or tenant enters into an insolvency process what rights do counterparties to the agreement and other creditors have and how are these enforced?

Session / Workshop Chair(s)

Gordon Hollerin Harper Macleod, Glasgow, Scotland; Co-Chair, Reorganisation and Workouts Subcommittee
Claudia Mathiasen Winslow Advokatpartnerselskab, Copenhagen, Denmark; Secretary, Real Estate Section

Speakers

Caroline Berube HJM Asia Law & Co, Guangzhou, China; Co-Chair, China Working Group
Benedict Christ VISCHER AG, Zürich, Switzerland
Michael Harper Chapman Tripp, Auckland, New Zealand; Publications Officer, Insolvency Section
Amandine Rominskyj Carbonnier Lamaze Rasle, Paris, France
Tomasz Stasiak WOLF THEISS Rechtsanwälte GmbH & Co KG, Warsaw, Poland