INSOL Quick Takes: The Judicial Response to Covid-19 

26 May 2020 - 1.00 pm BST (GMT+1)


Moderator: The Honourable Justice Nicoleta Mirela Nastasie, Bucharest Tribunal, Romania, Fellow, INSOL International
The Honourable Justice Martin Glenn, United States Bankruptcy Court for the Southern District of New York
The Honourable Justice Aedit Abdullah, Supreme Court of Singapore 

Inevitably and like every sphere of normal life, insolvency proceedings before the Courts are already experiencing the impact of the COVID-19 pandemic. Where possible, hearings have been adjourned or conducted remotely. However, as lockdowns extend for the foreseeable future, hearings will still need to be held. This is coupled with the fact that the economic fallout from the pandemic will result in a surge in corporate and individual bankruptcies. With this in mind, the Courts must consider the importance of the continued administration of justice. The webinar will look at the response to Covid-19 from the judiciary in three jurisdictions.

Around the world, Courts are now alive to these issues and are looking at solutions out of necessity. There is now recognition that hearings can be resolved fairly by way of remote hearings via platforms such as Zoom and Skpe. Replacing face-to-face hearings with virtual hearings would have been inconceivable only a matter of months ago. It can be said that the global Covid-19 crisis has propelled the judiciary and the legal profession further into the 21st century than we would have ever imagined. 

The panel of distinguished judges will discuss the advent of these technological developments in insolvency proceedings, as well as the concomitant challenges and opportunities. As the complexity and number of cross-border insolvency matters increase, technological advancement may also enhance court-to-court communication and cooperation. 

Please see below supporting material which you may find of interest for the webinar.

 
Europe
Overview of the measures taken within the European Union in relation to the COVID-19 pandemic, which affect the judiciary, national authorities and legal practitioners (including insolvency domain)

Council of Europe, the European Commission for the Efficiency of Justice (CEPEJ), Management of the judiciary - compilation of comments and comments by country

Digital Tools in Member States, E-Justice measures

Table of issues discussed at the online meeting organised by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), with the participation of the Consultative Council of European Judges 

Singapore
Seven Tips for Online Advocacy - Singapore Acadamy of Law

COVID-19 (Temporary Measures) Act 2020

Registrar's Circular No 4 of 2020 - Updates on Measures Relating to COVID-19 from 7 Apr 2020 to 4 May 2020

Registrar's Circular No 5 of 2020 - Updates on Measures Relating to COVID-19 from 5 May to 1 Jun 2020

USA
Remote Participation in Bankruptcy Court Proceedings - Federal Judicial Center (2017)

Southern District Bankruptcy Court General Order M-543

Order for Virtual Hearing in Murray Energy, issued by Judge John Hoffman

Order for Windstream remote trial procedures

Form of Order used by Judge Eric Kimball in the Southern District of Florida Bankruptcy Court






If there is an issue you are particularly concerned about and would like to see addressed, you can contact the INSOL Webinar Panel by emailing Susannah.Thomson@insol.org