News & Events

6th Conference of the Judicial Insolvency Network on 8 June 2025

Formed in October 2016, the Judicial Insolvency Network (JIN) is a network of insolvency judges from across the world. It serves as a platform for sustained and continuous engagement for the furtherance of the following objectives: to provide judicial thought leadership, develop best practices and facilitate communication and cooperation amongst national courts in cross-border insolvency and restructuring matters.

The 6^th Conference of the JIN was held in Sao Paulo, Brazil on 8 June 2025. There was a total of 25 participants, with eight attending physically on-site, whilst a further 17 participants attended remotely via Zoom. Please refer to Annex A for the full list of participants.

The following guidelines were endorsed by the participants during the 6^th JIN Conference:

• Basic Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (“JIN Core Protocol”), which is a simplified set of the existing Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (“JIN Guidelines”).

• Guidelines on Management of Applications for Arrest of Vessel where Vessel Owner or Bareboat Charterer is the Subject of Cross-Border Insolvency Proceedings (“JIN Admiralty Guidelines”), which has incorporated the comments given by participants on an earlier iteration of the guidelines presented and discussed at the 5^th JIN Conference held in June 2024 in Singapore.

The following were also discussed:

• An online repository of cross-border insolvency cases. A mockup of the repository was shown to participants. Members were asked to provide a point of contact who will be identifying significant cases within their jurisdictions for inclusion in the repository. Observers were also encouraged to participate as well.

• The responses received from two surveys circulated to all JIN members and observers: (a) the mediation and alternative dispute resolution survey (“Mediation/ADR Survey”); and (b) the recognition of foreign insolvency proceedings survey (“Recognition Survey”). The objective of Mediation/ADR Survey was to gather information with the aim of preparing a ‘best practices’ guide for use by members of the judiciary around the globe. The objective of the Recognition Survey was to gather information to put together an informative global guide covering the issues to be addressed at the outset of a cross-border insolvency filing. Also discussed were the next steps to be taken in relation to both projects.

The JIN continues to play an important role in cross-border insolvency and restructuring matters. Indeed, the JIN Guidelines were referred to at a plenary session of the 25^th Annual Conference of the International Insolvency Institute as one of the top developments in the insolvency sphere in the last 25 years. The JIN remains firmly committed to provide judicial thought leadership and develop best practices in cross-border insolvency and restructuring.

Judicial Insolvency Network held its 5th Conference in Singapore on 12 and 13 June 2024

Formed in October 2016, the Judicial Insolvency Network (JIN) is a network of insolvency judges from across the world. It serves as a platform for sustained and continuous engagement for the furtherance of the following objectives: to provide judicial thought leadership, develop best practices and facilitate communication and cooperation amongst national courts in cross-border insolvency and restructuring matters. JIN comprises insolvency judges from Australia, Bermuda, the British Virgin Islands, Canada, the Cayman Islands, England and Wales, Japan, Singapore, South Korea and the United States. The members from the Singapore courts are two of the founding members, Justice Kannan Ramesh and Justice Aedit Abdullah.

The 5^th Conference was held in Singapore on 12 and 13 June and was hosted by the Supreme Court of Singapore. The 5^th Conference also saw a record attendance of 32 participants. Please refer to Annex A for the list of JIN members and observers who participated in the 5^th Conference.

Since the inaugural meeting of the JIN in Singapore in October 2016, the network has continued to promote the adoption of the JIN Guidelines to address the key aspects of and the modalities for communication and cooperation amongst courts, insolvency representatives and other parties involved in cross-border insolvency proceedings. The overarching aim of the JIN Guidelines was the preservation of enterprise value and the reduction of legal costs. To date, 18 jurisdictions around the world have adopted the JIN Guidelines.

The JIN recognised that some judges may prefer, as a prelude to JIN membership, to first observe and experience the JIN’s deliberations. Adoption of the JIN Guidelines is not a prerequisite to membership in the JIN and, conversely, a court which does not have representation in the JIN may also adopt the JIN Guidelines. It is in this context that the JIN had worked towards and obtained the attendance of Bahrain, China, India, the Netherlands and a number of South-east Asian courts, and that the presence of Brunei, Indonesia, Malaysia, the Philippines and Thailand signalled a strong foundation for the development of judicial cooperation in cross-border insolvency and restructuring matters in the region.

The members and observers at the 5^th Conference noted the key role that Chief Justice Geoffrey Morawetz of the Superior Court of Justice (Ontario) and Chairperson of JIN played in the success of the 5^th Conference. There were a number of topics discussed that were central to the theme of cross-border insolvency and restructuring, and these included:

1. Survey of landmark international insolvency judgments in the past three years, focusing on matters that have invoked the JIN Guidelines and Modalities. (To view the JIN Guidelines and Modalities, please refer to https://www.jin-global.org/jin-guidelines.html and https://www.jin-global.org/modalities.html.)

2. Recent developments in the use of mediation in insolvency matters.

3. Ship arrests in the context of insolvency.

4. Insolvency and digital assets.

5. Recognition of foreign insolvency proceedings.

In returning to the objectives of the JIN to provide judicial thought leadership, develop best practices and facilitate communication and cooperation, the 5^th Conference underscored the deep commitment of its members to maintain the work and momentum of JIN. The network occupies a central space in cross-border insolvency and restructuring matters, and more jurisdictions would benefit by observing its deliberations and becoming a part of its community

4th Conference of the Judicial Insolvency Network on 9 June 2023

The Judicial Insolvency Network (“JIN”) held its 4^th conference in Amsterdam on 9 June 2023. The conference was conducted in a hybrid format with most members attending physically.

Members of the JIN who attended the conference comprised judges from the following courts:

   (i) the Court of Appeal of England and Wales;
   (ii) the Eastern Caribbean Supreme Court;
   (iii) the Federal Court of Australia;
   (iv) the Sao Paolo State Court of Justice, First Bankruptcy Court of Sao Paolo, Brazil;
   (v) the Seoul Bankruptcy Court;
   (vi) the Superior Court of Justice of Ontario; and
   (vii) the Supreme Court of Singapore.

The JIN was also delighted to have, for the first time, judges attending as observers from:

   (i) the Supreme Court of India; and
   (ii) the Supreme Judicial Council of the Kingdom of Bahrain.

As the first in-person meeting of the JIN since the pandemic, the meeting was an excellent opportunity for members and observers of the JIN to discuss the status of the JIN initiatives and the progress made since the 3^rd conference held in Singapore on 5 April 2019. Issues discussed at the meeting included the creation of a Steering Committee to manage ongoing projects of the JIN; updates on the implementation of the JIN Guidelines issued in October 2016; the proposed creation of a repository of landmark cases and matters in which the JIN Guidelines and other initiatives have been adopted; updates on projects that the JIN has been working on including the Guidelines on the Intersection of Admiralty and Insolvency Law and the Use of Alternative Dispute Resolution in cross-border insolvency cases.

Members at this JIN meeting also welcomed the adoption of the JIN Guidelines by the Supreme Judicial Council of the Kingdom of Bahrain, the first court from the Middle East to do so.

Finally, to ensure the continuity of the work carried out by the JIN, it was agreed that the 5^th conference of the JIN would be held in Singapore in June 2024.

Modalities of Court-to-Court Communication

The Judicial Insolvency Network (“JIN”) has published a set of modalities for court-to-court communication in insolvency proceedings (available at http://jin-global.org/modalities.html). Titled the Modalities of Court-to-Court Communication (the “Modalities”), they supplement the Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (also known as the JIN Guidelines) which the JIN issued in October 2016.

The JIN may be contacted at http://www.jin-global.org/contact.html in relation to the Modalities.

3rd Conference of the Judicial Insolvency Network on 5 April 2019

The Judicial Insolvency Network (“JIN”) met in Singapore on 5 April 2019. This was the 3^rd conference of the JIN, following the 1st conference also in Singapore on 10 and 11 October 2016 and the 2nd conference in New York City on 22 and 23 September 2018.

The conference discussed the four projects which the JIN initiated at the 2nd conference. They relate to: (i) core principles on recognition of foreign insolvency proceedings and judgments; (ii) modalities of court-to-court communication; (iii) guidelines when maritime law and insolvency law intersect, especially the arrest of ships and Articles 19, 20 and 21 of the UNCITRAL Model Law on Cross-Border Insolvency; and (iv) identification of insolvency disputes which parties should consider sending for alternative dispute resolution.

Members of the JIN who attended the conference comprised judges from the following courts:

   (i) the United States Bankruptcy Court for the Southern District of New York;
   (ii) the United States Bankruptcy Court for the District of Delaware;
   (iii) the Grand Court of the Cayman Islands;
   (iv) the Supreme Court of Bermuda;
   (v) the Court of Appeal of England and Wales;
   (vi) the Federal Court of Australia;
   (vii) the Supreme Court of New South Wales;
   (viii) the Seoul Bankruptcy Court; and
   (ix) the Supreme Court of Singapore.

The four projects have made progress. In particular, there was detailed discussion on the modalities of court-to-court communication in insolvency proceedings resulting in a draft being prepared for circulation to the various JIN members for comment (the “Modalities”). Unlike the Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (the “JIN Guidelines”) issued by the JIN in October 2016, which focus on the principles governing how courts should communicate with one another, the Modalities focus on the mechanics of court-to-court communication. These include how a court may initiate communication with another court, the arrangements as to time, method and language of communication, and the designation of a facilitator for this purpose. Akin to a checklist, the Modalities seek to distil the basic administrative issues a court may wish to address in advance in relation to court-to-court communication, bearing in mind the time, language and cultural differences that may underpin much of cross-border communication. It is expected that the JIN will issue the Modalities later this year. The JIN hopes that the Modalities will receive the same positive reception as the JIN Guidelines have.

Members at this JIN meeting also welcomed the adoption of the JIN Guidelines by the District Court Midden-Nederland (the Netherlands), which is the second European court to adopt the JIN Guidelines. The Chancery Division of the High Court of England & Wales adopted the JIN Guidelines on 5 May 2017.

2nd Conference of the Judicial Insolvency Network in September 2018

Judges from the JIN met in New York City on 22 and 23 September 2018. The meeting in New York City was the second conference of the JIN and was jointly hosted by the US Bankruptcy Court for the Southern District of New York and the US Bankruptcy Court for the District of Delaware. The first conference was hosted by the Supreme Court of Singapore in October 2016. At the second conference, judges from close to 20 courts from around the world noted the importance to the international insolvency community of common principles and guidelines on cross-border insolvency matters prepared and agreed upon by judges from various key commercial jurisdictions. Building on the progress made thus far, the judges agreed to embark on four new projects.

1. Core principles on recognition of foreign insolvency proceedings
   
   To date, while over 40 jurisdictions have adopted the Model Law on Cross-Border Insolvency (the “Model Law”), an overwhelming majority of jurisdictions have not and different jurisdictions (including those that have adopted the Model Law) have varying approaches to the recognition of foreign insolvency proceedings. The judges agreed to produce a set of core principles on the recognition of foreign insolvency proceedings. A sub-committee of judges agreed to steer the direction of this JIN project.
   

2. Modalities of court-to-court communication
   
   Recognising the difficulties of communication between courts posed in no small part by language and cultural differences, the judges considered that it would also be useful to devise a set of modalities for court-to-court communication to guide international stakeholders on how courts from diverse backgrounds (such as those from civil and common law systems) could communicate effectively. A separate sub-committee of judges was formed to lead this project.
   

3. Guidelines when maritime law and insolvency law intersect, especially the arrest of ships and Articles 19, 20 and 21 of the Model Law
   
   Insolvency law, neither creating nor extinguishing rights, seeks to manage the rights of competing stakeholders in insolvency in an organised and collective manner amidst the interplay of a web of various private and international laws. Admiralty law is notably one of them where the interaction – or even conflict – between the two bodies of law for the satisfaction of claims has posed difficult problems. The judges therefore decided to look into this intractable area with focus on the arrest of vessels in the context of the Article 20 relief under the Model Law. Some of the judges with experience in admiralty law will take charge of this project.
   

4. Identification of insolvency disputes which parties should consider sending for alternative dispute resolution
   
   The JIN will also be examining how arbitration can be tapped for the resolution of certain insolvency matters for a more efficient resolution of disputes.