Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups
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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.
The Uncitral Model Laws On Cross Border Insolvency And On The Recognition And Enforcement Of Insolvency Related Judgments
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Author : Reinhard Bork
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-03-12
The Uncitral Model Laws On Cross Border Insolvency And On The Recognition And Enforcement Of Insolvency Related Judgments written by Reinhard Bork 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 2025-03-12 with Law categories.
This authoritative Commentary presents a comprehensive analysis of two essential Model Laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law.
Advanced Introduction To Cross Border Insolvency Law
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Author : Reinhard Bork
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-06-01
Advanced Introduction To Cross Border Insolvency Law written by Reinhard Bork 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 2023-06-01 with Law categories.
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.
Jurisdiction In Eu Cross Border Insolvency Law
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Author : Antonio Leandro
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-07-15
Jurisdiction In Eu Cross Border Insolvency Law written by Antonio Leandro 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 2025-07-15 with Law categories.
This book deeply outlines jurisdiction in cross-border corporate insolvency proceedings within EU member states, investigating the rationale, structure and functioning of the grounds to initiate and supervise the proceedings. It explores personal, territorial, and substantive scopes of the insolvency courts’ jurisdiction, as well as its interplay with the jurisdiction of other courts and Alternative Dispute Resolution (ADR) mechanisms.
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.
Rescue Of Business In Europe
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Author : Gert-Jan Boon
language : en
Publisher: Oxford University Press
Release Date : 2020-01-30
Rescue Of Business In Europe written by Gert-Jan Boon and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-30 with Law categories.
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
European Insolvency Regulation 2015
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Author : Ulrich Magnus
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2025-06-30
European Insolvency Regulation 2015 written by Ulrich Magnus and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-30 with Law categories.
The youngest volume of the renowned series of European Commentaries edited by Ulrich Magnus and Peter Mankowski covers the European Insolvency Regulation. This Regulation in its recast version of 2015 is of great practical importance. It primarily regulates when courts in the EU are competent to deal with insolvency proceedings which have transborder effects, which law is applicable in such proceedings, the conditions under which insolvency proceedings are to be recognized in other EU States and how courts and insolvency practitioners should cooperate in transborder situations. The Commentary provides an in-depth presentation and discussion of each article and pays particular attention to the insolvency decisions of the European Court of Justice but also to national case law. The team of authors is as well truly European. It is formed of outstanding experts from all over Europe.
Eu Insolvency Law
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Author : McCormack, Gerard
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-21
Eu Insolvency Law written by McCormack, Gerard 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 2022-09-21 with Law categories.
This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.
Insolvency Within Multinational Enterprise Groups
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Author : Irit Mevorach
language : en
Publisher: OUP Oxford
Release Date : 2009-05-21
Insolvency Within Multinational Enterprise Groups written by Irit Mevorach and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-21 with Law categories.
The law relating to Multinational Enterprise Groups is notoriously complex. This book provides the first detailed analysis of the case law and presents a clear model for future developments of the law.
The Future Of Cross Border Insolvency
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Author : Irit Mevorach
language : en
Publisher: Oxford University Press
Release Date : 2018-03-01
The Future Of Cross Border Insolvency written by Irit Mevorach and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-01 with Law categories.
A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a framework for improving its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing the mechanisms for managing the insolvency of multinational enterprises and financial institutions. The book considers the effectiveness of the current system and identifies the gaps that could be bridged by adopting certain strategies and tools, to improve the system further. The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.