Exclusive invite-only event, Chatham House Rule

13 March 10:00 CET


10:00 Welcome
10:05 Participants’ round of introduction
10:15 Keynote: 
10:50 Open discussion
  • Think thank
  • Deepening of the discussion
  • Sharing best practices
11:45 Final thoughts

Understanding and managing counterparty insolvency risk is an increasingly significant concern for senior lawyers in Europe, particularly in light of fluctuating economic conditions and evolving legal frameworks. The key challenge lies in identifying and mitigating potential risks in financial transactions, a task that requires acute awareness of the changes in both national and European Union insolvency laws. These legal shifts, such as the amendments to the EU Insolvency Regulation, necessitate a strategic approach to counterparty risk, emphasizing early detection of insolvency signs and a thorough understanding of each jurisdiction’s unique legal environment.


At the forefront of this strategy is the implementation of comprehensive due diligence and continuous monitoring processes. These measures are not static; they require ongoing adaptation to the financial health and operational resilience of counterparties. For lawyers, this means not only assessing current financial standings but also staying vigilant to any changes that may signal impending insolvency. Moreover, the intricacies of cross-border insolvency proceedings in Europe add another layer of complexity. Navigating these requires familiarity with the specific legal nuances and recent case law across different European jurisdictions, ensuring preparedness for any insolvency scenarios that may arise.


To effectively manage these risks, lawyers must also focus on crafting strategic contractual protections. This involves the integration of clauses that allow for early termination, demand assurances, and facilitate set-off and netting arrangements. The use of collateral and security interests may also serve as vital safeguards. However, these legal instruments must be carefully tailored to be enforceable under the varying insolvency regimes across Europe. This introduction to managing counterparty insolvency risk underscores the necessity for a proactive, informed approach. The subsequent discussion will delve deeper into specific legal strategies, case studies, and practical steps that senior lawyers can take to safeguard their clients’ interests in the face of counterparty insolvency.


glen flannery

Glen Flannery


Jean-Luc Hagon
Senior Associate


Participation is organised on an invite-only basis.



The components used during the roundtable can be downloaded by clicking the links below.


Hotel Riu Plaza España
C.Gran Vía, 84, 28013 Madrid, Spain