Cross Border Insolvency


Cross Border Insolvency
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Cross Border Insolvency


Cross Border Insolvency
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Author : Philip St. J. Smart
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1998

Cross Border Insolvency written by Philip St. J. Smart and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.


With recent high profile cases such as Maxwell, Barings and BCCI highlighting the fact that insolvency increasingly extends across national borders, practitioners in this area need specialist guidance on the particular problems which apply in cross-border insolvency.The second edition of this acclaimed book has been extensively revised to provide a practical analysis of the impact of new developments in cross-border insolvency law. Fully updated and expanded, this unique guide looks at recent case law as well as statutory developments, most notably the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997.With illustrations at the end of each chapter showing how to avoid practical problems, this thoroughly researched text gives insight into the impact and potential difficulties of the law, enabling the practitioner to anticipate problems before they arise.



Cross Border Insolvency


Cross Border Insolvency
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Author : Richard Sheldon
language : en
Publisher: A&C Black
Release Date : 2011-01-01

Cross Border Insolvency written by Richard Sheldon and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.


With insolvency issues increasingly extending across national borders, practitioners in this area need specialist guidance on the particular problems which apply in cross-border insolvency. The new third edition of this acclaimed book has been extensively revised and updated to provide a practical analysis of the fundamental changes to cross-border insolvency law and practice in England as result of the European Insolvency Regulation, as well as the Cross Border Insolvency Regulations 2006 which implemented the UNCITRAL Model Law on Cross- Border Insolvency. With illustrations at the end of each chapter showing how to avoid practical problems, this thoroughly researched text gives an insight into the impact and potential difficulties of the law, enabling the practitioner to anticipate problems before they arise.



Cross Border Insolvency Proceedings


Cross Border Insolvency Proceedings
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Author : Remigijus Jokubauskas
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-30

Cross Border Insolvency Proceedings written by Remigijus Jokubauskas and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.


This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.



Cross Border Insolvency


Cross Border Insolvency
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Author : Neil Hannan
language : en
Publisher: Springer
Release Date : 2017-08-21

Cross Border Insolvency written by Neil Hannan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-21 with Law categories.


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.



Cross Border Insolvency


Cross Border Insolvency
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Author : Look Chan Ho
language : en
Publisher: Globe Law and Business Limited
Release Date : 2006

Cross Border Insolvency written by Look Chan Ho and has been published by Globe Law and Business Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Business & Economics categories.


The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency aims to provide legal certainty and efficient administration of cross-border insolvencies. This volume covers national implementation of the UNCITRAL model law in 10 jurisdictions.



Cross Border Insolvency Law


Cross Border Insolvency Law
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Author : Bob Wessels
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-09-24

Cross Border Insolvency Law written by Bob Wessels and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.


Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.



Principles Cross Border Insolvency


Principles Cross Border Insolvency
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Author : BORK
language : en
Publisher:
Release Date : 2017-01-05

Principles Cross Border Insolvency written by BORK and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-05 with categories.




Cross Border Insolvency


Cross Border Insolvency
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Author : Richard Sheldon QC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-17

Cross Border Insolvency written by Richard Sheldon QC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-17 with Law categories.


Cross-Border Insolvency, 4th edition provides a comprehensive and up to date consideration of the topic of cross border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law. The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law. The second part focuses on specific issues in more detail, such as the court's insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off. The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including: The impact of the Supreme Court decision in Rubin v Eurofinance; The revised UK Insolvency Rules; Proposals for revision of the EC Insolvency Regulation; Scope of section 426 – HSBC v Tambrook Jersey; Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI); Kelmsley v Barclays Bank PLC. Previous print edition ISBN: 9781845921040



Cross Border Insolvency National And Comparative Studies Reports Delivered At The Xiii International Congress Of Comparative Law Montreal 1990


Cross Border Insolvency National And Comparative Studies Reports Delivered At The Xiii International Congress Of Comparative Law Montreal 1990
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Author : Ian F. Fletcher
language : en
Publisher: Mohr Siebeck
Release Date : 1992

Cross Border Insolvency National And Comparative Studies Reports Delivered At The Xiii International Congress Of Comparative Law Montreal 1990 written by Ian F. Fletcher and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.


Reports primarily in English, some in French or Spanish.



Judicial Cooperation In Cross Border Insolvency Cases


Judicial Cooperation In Cross Border Insolvency Cases
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Author : Bob Wessels
language : en
Publisher: ADAC Verlag DE
Release Date : 2008

Judicial Cooperation In Cross Border Insolvency Cases written by Bob Wessels and has been published by ADAC Verlag DE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Bankruptcy categories.