Vol 20 (2023) - Issue 3

Article preview

A Case Review of the Singapore High Court’s Decision in Re Tantleff, Alan

Synopsis
In Re Tantleff, Alan, a foreign representative of three related entities applied to the Singapore High Court for the recognition of their US Chapter 11 proceedings, as well as the US Court order confirming their Chapter 11 plan. The Singapore High Court held that the Model Law (as adopted in Singapore) does not apply to either a Real Estate Investment Trust (REIT) or a business trust.
The Court also clarified the factors that will be considered in determining the COMI of a company, and held that it could recognise and enforce foreign orders and judgments under Art. 21(1)(g) of the Model Law.