The Birth of the JIN Guidelines
The JIN held its inaugural conference in Singapore on 10 and 11 October 2016 which concluded with the issuance of a set of guidelines titled “Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters” also known as the JIN Guidelines. The first JIN members contributed to the drafting of the JIN Guidelines.
The JIN Guidelines received the “Most Important Overall Development” award presented by the Global Restructuring Review (“GRR”) at the 2017 GRR Award ceremony held in June 2017.
The Objectives and Function of the JIN Guidelines
The JIN Guidelines address key aspects of and the modalities for communication and cooperation amongst courts, insolvency representatives and other parties involved in cross-border insolvency proceedings, including the conduct of joint hearings. The overarching aim of the JIN Guidelines is the preservation of enterprise value and the reduction of legal costs.
For a copy of the JIN Guidelines as prepared at the inaugural JIN conference in October 2016, please click here. The following is a list of jurisdictions that have adopted the JIN Guidelines. The versions adopted by the various jurisdictions, where available, may be accessed in the links below:
via Rule 9029-2 of its Local Rules (effective 1 February 2017)
http://www.deb.uscourts.gov/local-rules-and-orders
The Supreme Court of Singapore
via Registrar’s Circular No.1 of 2017 with effect from 1 February 2017
https://www.supremecourt.gov.sg/rules/legislation-and-directions/registrar's-circulars
The United States Bankruptcy Court for the Southern District of New York
with effect from 17 February 2017 via its General Order M-11
http://www.nysb.uscourts.gov/court-info/local-rules-and-orders/general-orders
The Supreme Court of Bermuda
with effect from 9 March 2017 via Circular No.6 of 2017
https://www.gov.bm/sites/default/files/No.%206%20of%202017.pdf
The Chancery Division of England & Wales
with effect from 5 May 2017 via the Chancery Guide amended as at May 2017
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/612376/JIN_Guidelines.pdf
The Eastern Caribbean Supreme Court
with effect from 18 May 2017 via Practice Direction 8, No. 2 of 2017 made pursuant to Rule 8(2) of the Insolvency Rules 2005
https://www.eccourts.org/press-release-eastern-caribbean-supreme-court-adopts-judicial-insolvency-networks-guidelines/
The Supreme Court of New South Wales
with effect from 15 September 2017 via Practice Note No. SC EQ 6
www.practicenotes.justice.nsw.gov.au/practice_notes/nswsc_pc.nsf/a15f50afb1aa22a9c a2570ed000a2b08/4f96eb1106eb1b61ca25819f0002a5dc?OpenDocument
The United States Bankruptcy Court for the Southern District of Florida
with effect from 1 February 2018 via Administrative Order 2018-03
http://www.flsb.uscourts.gov/sites/flsb/files/documents/general-orders/AO_2018-03_Adoption_of_Guidelines_for_Communication_and_Cooperation_Between_Courts_in_Cross-Border_Insolvency_Matters.pdf
The Seoul Bankruptcy Court
with effect from 1 July 2018 via Procedural Guidelines No. 504
http://slb.scourt.go.kr/rel/guide/cross/index_e.jsp
http://slb.scourt.go.kr/rel/information/qna/practice_rule.pdf
The Grand Court of the Cayman Islands
with effect from 7 August 2018 via Practice Direction No. 1 of 2018
http://www.gov.ky/portal/pls/portal/docs/1/12684483.PDF
The United States Bankruptcy Court for the Southern District of Texas
with effect from 31 January 2019 via General Order 2019-2
https://www.txs.uscourts.gov/page/bankruptcy-local-federal-rules
The Commercial List of Users’ Committee of the Superior Court of Justice --- Ontario (Commercial List)
The District Court Midden-Nederland (the Netherlands)
with effect from 1 May 2019
https://www.rechtspraak.nl/English/Pages/International-Insolvency.aspx
The Federal Court of Australia
with effect from 31 January 2020 via the amended Cross-Border Insolvency Practice Note: Cooperation with Foreign Courts or Foreign Representatives (GPN-XBDR)
https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes
The Supreme Court of British Columbia
with effect from 11 February 2020 via PD-57
https://www.bccourts.ca/supreme_court/practice_and_procedure/civil_practice_directions.aspx#