The First Forum for Asian Insolvency Reform (FAIR) Bali, Indonesia 7-8 February 2001

The first meeting of FAIR took place in Bali, Indonesia, on 7-8 February 2001, gathering approximately 110 high-level policy makers, members of the judiciary, insolvency practitioners and academics from over 20 jurisdictions and 5 international organisations. Participants took stock of insolvency reforms in the region and discussed ways to improve the role of judiciary in the insolvency procedures. They also reviewed progress in Indonesia's efforts to improve its bankruptcy rules.

• Agenda
• Synthesis note
• General Information on FAIR

Materials:

Opening Remarks:

• Mr Eric Burgeat, Director, Centre for Co-operation with Non-Members, OECD
• Mr Henry Pitney, Senior Counsel & Head, Private Sector Legal Group, ADB

Session I: Recent Developments in Insolvency Reform in Asia

• Recent Developments in Insolvency Reform in Asia, by Mr Ronald Harmer, Consultant, ADB, Blake Dawson Waldron, Australia and Ms. Clare Wee, Senior Counsel, ADB, Manila, Philippines
• Recent Developments in Insolvency Reform in Japan, by Prof. Manabu Wagatsuma, Faculty of Law, Tokyo Metropolitan University, Tokyo, Japan
• Recent Developments in the Insolvency Proceedings in Korea, by Dr Il Chong Nam, Senior Fellow, Korea Development Institute, Korea
• Recent Developments in Insolvency Reform in India, by Judge Mr. Wadwha, Supreme Court, India

Session II: The - Role and Training of Judges

Part A: Role and accountability of judges

• Role and Accountability of Judges, by Mr John Lockhart, Director of the Board, ADB, Manila, Philippines
• The Role of the Judiciary, by Mr Manfred Balz, General Counsel, Deutsche Telekom AG, Germany
• The Role of Judges in Insolvency Procedure: the Independence and Accountability of Judges, by Ms Elyana Tanzah, Ad hoc Judge of Pengadilan Niaga Jakarta, Indonesia
• Independence and Accountability of Judges in Formal Insolvency Proceedings, by Dato Visu Sinnadurai, Judicial Reform Unit, Legal Department, World Bank

Part B: Strengthening judicial expertise

• Education of Judges, by Mr Sijmen de Ranitz, De Brauw Blackstone Westbroek, Linklaters and Alliance, the Netherlands
• Bankruptcy Division and Commissioner, by Prof. Soogeun Oh, College of Law, Ewha Womans University, Korea
• Strengthening Judicial Expertise in Bankruptcy Proceedings in China, by Prof. Wang Weiguo, Dean, Department of Economic Law, China University of Politics and Law
• The Mexican Administrator for Insolvency Procedures, by Mr Manuel Méjan Carrer, Director General, Instituto Federal de Especialistas de Concursos Mercantiles, Mexico

Session III: The Judiciary - Legal and Institutional Supports

Part A: Legal and Administrative Supports

• The Judiciary - Legal and Administrative Supports, by Ms Rhoda Weeks, Counsel, International Monetary Fund (IMF )
• Administrative Support to the Judiciary in the UK Insolvency System, by Mr Desmond Flynn, Department of Trade and Industry, UK
• The Singapore Experience in the Administration of Insolvency Regime, by Mr Tan Kiat Pheng and Ms Karen Loh, Official Asignees, Insolvency and Public Trustee's Office, Singapore [ pdf document / powerpoint presentation ]
• Administrative Supports to Judges in Insolvency Procedure: Role of Planner in Thailand, by Mr Anthony Norman, Managing Director, Ferrier Hodgson, Thailand

Part B: Specialised court

• Specialized Bankruptcy Court: Thai Perspective, by Hon. Wisit Wisitsora-at, Executive Director, Business Reorganisation Office, Bangkok, Thailand [ pdf document / powerpoint presentation ]
• The Forthcoming Mixed-bench Specialized Insolvency Division of the French Commercial Courts, by Mr Jean-Marc Baissus, Judge, Ministry of Justice, Addis Abeba, Ethiopia
• The United States' Specialized Bankruptcy Courts, by Messrs. Timothy DeSieno and Rupal Shah Palanki, Bingham Dana LLP, Singapore
• The Philippine Experience: Specialized Court System for Insolvency Proceedings, by Mr Cesar Villanueva, Senior Partner, Bernardo & Gabionza, Makati City, Philippines [ pdf document / - powerpoint presentation ]

Part C: Relationship between informal workout and the courts

• The Role of the Court in Prepackaged and Prenegotiated Plans in the United States, by Mr Richard Broude, Law Office of Richard F Broude, USA
• The Dynamic Between the Role of Court and Informal Workouts, by Mr Lampros Vassiliou, Head of Corporate Insolvency & Reorganisation, Allens Arthur Robinson Group, Thailand
• Corporate Voluntary Administration in Australia, by Mr Andrew Sellars, Manager, Corporate Insolvency Unit, Australian Treasury
• Relationship Between Informal Workouts and the Courts in Malaysia, by Mr. Chris Lee, Corporate Debt Restructuring Committee, Kuala Lumpur, Malaysia

Session IV: Informal Peer Review - Indonesia

• Some Challenges for Insolvency System Reform in Indonesia, by Prof. Roman Tomasic, Dean, Faculty of Business and Law, Victoria University, Australia
• Role of Indonesian Insolvency System: Case for Optimism and Case for Caution by Mr Bacelius Ruru, Chairman, Jakarta Initiative Task Force, Indonesia
• The Indonesian Bill on Restructuring Debts and Rehabilitation of Companies, by Prof. Sunaryati Hartono, Padjadjaran State University, Jakarta, Indonesia