Cross Border Insolvency Proceedings

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Principles Of Cross Border Insolvency Law

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Author : Reinhard Bork
language : en
Publisher:
Release Date : 2017

Principles Of Cross Border Insolvency Law written by Reinhard Bork and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Bankruptcy categories.

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

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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.

Uncitral Model Law On Cross Border Insolvency With Guide To Enactment And Interpretation

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Author :
language : en
Publisher:
Release Date : 2014-10-22

Uncitral Model Law On Cross Border Insolvency With Guide To Enactment And Interpretation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-22 with Bankruptcy categories.

UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law

International Arbitration And Cross Border Insolvency

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Author : Simon Vorburger
language : en
Publisher: Kluwer Law International
Release Date : 2014

International Arbitration And Cross Border Insolvency written by Simon Vorburger and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.

Cross Border Insolvency

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Author : Chan Ho Look
language : en
Publisher:
Release Date : 2009

Cross Border Insolvency written by Chan Ho Look and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arbitration and award, International categories.

Written by specialists from each jurisdiction, this new edition provides an in-depth, article-by-article analysis of the local enactment and application of the model law in each of the jurisdictions concerned, alongside consideration of the relationship between the model law and any existing cross-border insolvency jurisprudence. Each chapter adopts the same format for ease of reference, addressing key concepts such as the centre of main interests, court-to-court communication, enforcement of security interests and the protection of debtors and creditors.

Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups

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Author : Ilya Kokorin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30

Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups written by Ilya Kokorin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.

Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.

Cross Border Insolvency

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Author : Richard Sheldon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-01-01

Cross Border Insolvency written by Richard Sheldon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with Law categories.

Cross-Border Insolvency, fourth 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

International Insolvency Law

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Author : Elina N. Moustaira
language : en
Publisher:
Release Date : 2019

International Insolvency Law written by Elina N. Moustaira and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Conflict of laws categories.

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries' insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

Cross Border Insolvency Law

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Author : B. Wessels
language : en
Publisher:
Release Date : 2007

Cross Border Insolvency Law written by B. Wessels and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Bankruptcy categories.

This very useful volume collects, for the first time in one source, all important international and regional legal instruments relating to insolvency of companies, financial institutions, and consumers, as well as to corporate rescue law. In addition to reproducing the complete texts of these instruments, the editor provides insightful commentary covering such important matters as the following: •key issues of each text •expected amendments and revisions •comparative analysis of instruments

Insolvency In Private International Law

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Author : Ian F. Fletcher
language : en
Publisher: Oxford University Press, USA
Release Date : 2007

Insolvency In Private International Law written by Ian F. Fletcher and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Bankruptcy categories.

This set deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws). Part I of the main work is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems -- principally Australia, Canada, France and the USA -- are examined by way of comparison. There are up-to-date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognize foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate. Part II of the main work explores the progress towards the creation of international arrangements to co-ordinate and rationalize the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings and the UNCITRAL Model Law on Cross-Border Insolvency. This set includes the supplement to the second edition, which covers key developments in case law and legislation in the subject up to October 2006, and is an essential purchase for all who have already bought the main work. It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, including Eurofood IFSC Ltd, Daisytek ISA, and Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors of Navigator Holdings plc. The commentary on case developments links back to the relevant paragraph in the main work. New to this Edition: - New supplement updating the second edition with commentary on recent developments, to October 2006 - Major recasting of chapter 6 (formerly dealing with the (by then) dormant EC Convention on Insolvency Proceedings) now giving an account of the EC Regulation on Insolvency Proceedings, in force since 31 May 02 - Adjustments throughout the book to explain the impact of the Regulation on other aspects of law and practice - Full account is taken of statutory and case law developments since 1998 - There is a new chapter assessing other international developments since 1998 including the ALI Transnational Insolvency Project; the World Bank Principles and Guidelines; and the UNCITRAL Legislative Guide on Insolvency Law (completed 2004)