DEALING WITH A FAILED INTERNATIONAL CONSTRUCTION PROJECT: A CASE STUDY

A Singapore-based company with branches in Australia, Indonesia, Japan, the United States, and Malaysia has recently defaulted on its payment obligations. Various preliminary attempts at negotiating a consensual workout with its banks have failed. The company has not discharged its income tax liability for several years and has failed to pay its employees. While the business continues to remain fundamentally sound, a formal restructuring is required. Panel members will address specific aspects of the restructuring particular to their jurisdictions and discuss how the cross-border nature of the company’s business impacts its ability to effectively reorganize.

MODERATOR:

Sarjit Singh Gill, S.C., Senior Counsel
Shook Lin & Bok, Singapore
Sarjit Gill is head of the litigation and banking practices at Shook Lin & Bok. He practices in the areas of litigation and international arbitration, insolvency and restructuring, and corporate banking. Mr. Gill has consistently been identified as one of Singapore’s leading insolvency/restructuring practitioners in a number of international publications such as Who’s Who Legal: Insolvency & Restructuring. MORE>

PANELISTS:

Ashley M. Howlett, Partner
Jones Day, China
Ashley Howlett leads the Jones Day Greater China Construction Practice. His practice is concentrated on construction and engineering issues connected with infrastructure and major projects. Mr. Howlett’s experience includes representation of a broad range of clients, including owners, contractors, and design professionals throughout Asia. MORE>

Mohanadass Kanagasabai, Partner
Shook Lin & Bok, Malaysia
Mohanadass Kanagasabai frequently appears as counsel in domestic and international arbitrations on a range of disputes including construction, engineering, and commercial claims. His current assignments include an ICC arbitration in an oil and gas dispute with a Geneva seat, and an arbitration in Delhi on a road construction project.

Masafumi Kodama, Partner
Kitahama Partners, Japan
Masafumi Kodama is a partner at Kitahama Partners. Prior to joining Kitahama, Mr. Kodama was a foreign associate with Pillsbury Winthrop. He has recently handled insolvency cases regarding civil rehabilitation, corporate reorganization, and bankruptcy. MORE>


Malhar S. Pagay, Partner
Pachulski Stang Ziehl & Jones LLP, United States
Malhar Pagay is a business lawyer with substantial experience representing Chapter 11 debtors, trustees, unsecured creditors, creditors' committees, and other parties in the contexts of bankruptcy cases, adversary proceedings, commercial litigation, mediations, and domestic and international business transactions. MORE>

Geoff Sutherland, Special Counsel
Deacons, Australia
Geoff Sutherland is a highly experienced insolvency, debt finance, and restucturing lawyer. He has been integrally involved in many of the largest and most complex insolvencies in the last 30 years in Australia, including cross-border insolvencies, as well as major restructurings of distressed public corporate groups. MORE>

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