As private credit enters a more challenging phase of the cycle, stressed investments, liquidity pressures and competing creditor interests are exposing tensions across capital structures. This session examines where disputes are emerging, how control rights are being exercised in distress and whether access to information and new money is reshaping outcomes between stakeholders.

• Where are the real pressure points in private credit today?
• How are stressed and distressed investments translating into disputes?
• Are information asymmetries and rescue financings changing creditor dynamics?
• Who controls the playbook when investments come under stress?
• What does the next wave of private credit disputes look like?

Jurisdictional strategy in restructurings is evolving in ways that are already impacting Transatlantic disputes. The panel will discuss:

• Approaches to parallel multi-jurisdictional challenges from opposing minority creditors
• Emerging limits to jurisdictional arbitrage/ “forum shopping”, especially where US Chapter 15 recognition is sought
• Disclosure battles and the limits of legal privilege
• Implied limit to majority creditors’ power, as a matter of English law?

A head-to-head debate examining how the benefits and burdens of a restructuring should be allocated post-restructuring. Discussion areas include:

• How to account for the fact that the compromise of even “out of the money” claims may contribute towards the benefits of a restructuring?
• How should the court approach the retention of equity by existing shareholders?
• Should courts treat future rent reductions as substantial contributions equivalent to new money?
• How can market participants advise clients on this issue?

Investors and advisers are increasingly relying on analytics to shape strategy, assess outcomes and identify recovery opportunities – but questions remain over how far data can truly inform decision-making.

• Can data meaningfully improve investment and litigation decisions?
• What does large-scale insolvency data reveal about outcomes and recoveries?
• Do data-driven insights challenge traditional restructuring approaches?
• Where are the limits of analytics in complex, case-specific situations?