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MENA: Regional Bankruptcy Conference

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On September 27-28, in Casablanca, Morocco, CLDP organized a regional conference on insolvency for 75 participants from the MENA region. In recent years, Morocco, Tunisia, Saudi Arabia, and Bahrain have passed new insolvency laws that are in line with international best practices, and Kuwait is in the process of drafting a similar law. These laws allow for civil protection from creditors and for the restructuring of companies in financial peril, but success in transforming the insolvency practices in these countries will depend upon proper implementation of the new laws. For that reason, CLDP organized a regional conference for judges, lawyers, trustees, and other stakeholders from each of these 5 countries to come together to hear best practices and practical examples from the U.S. and to share experiences. CLDP expert advisors, including two U.S. federal bankruptcy judges and an insolvency expert from the UN Commission on International Trade Law spoke about the role of the judiciary in restructuring cases, cross-border insolvencies, methods of valuation, and the role of alternative dispute resolution in restructuring cases, all key considerations in the successful implementation of an effective insolvency system. This regional workshop complements CLDP’s bilateral insolvency assistance in the region, which aims to prepare the judiciaries in these countries to preside over insolvency proceedings. The new laws and their effective implementation will help these countries attract foreign investment, including U.S. investors who seek fair and predictable mechanisms for credit recovery.

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