Principles of Cross-border Insolvency Law

Principles of Cross-border Insolvency Law PDF

Author: Reinhard Bork

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781780684307

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Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.

Cross-Border Insolvency

Cross-Border Insolvency PDF

Author: Neil Hannan

Publisher: Springer

Published: 2017-08-21

Total Pages: 270

ISBN-13: 9811058768

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This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.

Corporate Insolvency Law

Corporate Insolvency Law PDF

Author: Vanessa Finch

Publisher: Cambridge University Press

Published: 2002-09-12

Total Pages: 662

ISBN-13: 9780521626859

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Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

UNCITRAL Practice Guide on Cross-border Insolvency Cooperation

UNCITRAL Practice Guide on Cross-border Insolvency Cooperation PDF

Author:

Publisher: United Nations Publications

Published: 2010

Total Pages: 0

ISBN-13: 9789211336887

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Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.

The Future of Cross-border Insolvency

The Future of Cross-border Insolvency PDF

Author: Irit Mevorach

Publisher: Oxford University Press

Published: 2018

Total Pages: 321

ISBN-13: 0198782896

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A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. Irit Mevorach here takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by a new approach.

Maritime Cross-border Insolvency Under the UNCITRAL Model Law Regime

Maritime Cross-border Insolvency Under the UNCITRAL Model Law Regime PDF

Author: Jingcheng Xu

Publisher: Hart Publishing

Published: 2020

Total Pages:

ISBN-13: 9781509936014

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Bankruptcy law : fundamental aims and relevant prominent principles -- Cross-border insolvency : theoretical divergence and its status quo -- The UNCITRAL model law -- Overview of maritime law -- Key conflicts between the UNCITRAL model law and maritime practice -- Australia -- United Kingdom -- United State -- Singapore -- Policy reflections on the treatment of maritime creditors under the UNCITRAL model law regime -- Policy reflections on the determination of the centre of main interest and the scope of debtor's assets.

Advanced Introduction to Cross-Border Insolvency Law

Advanced Introduction to Cross-Border Insolvency Law PDF

Author: Reinhard Bork

Publisher: Edward Elgar Publishing

Published: 2023-06-01

Total Pages: 158

ISBN-13: 1789906377

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The Advanced Introduction to Cross-Border Insolvency Law provides a clear and concise overview of cross-border insolvency law with particular focus on the rules that govern insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.

Principles of Corporate Insolvency Law

Principles of Corporate Insolvency Law PDF

Author: Royston Miles Goode

Publisher: Sweet & Maxwell

Published: 2011

Total Pages: 1189

ISBN-13: 0421966106

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Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.

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