Insolvency Within 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.
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.
Insolvency Within Multinational Enterprise Groups
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Author : Irit Mevorach
language : en
Publisher:
Release Date : 2009
Insolvency Within Multinational Enterprise Groups written by Irit Mevorach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Bankruptcy categories.
The law relating to multinational enterprise groups is notoriously complex. This book provides the first detailed analysis of the case law, presenting a clear model for future developments.
Insolvency Law And Multinational Groups
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Author : Daoning Zhang
language : en
Publisher: Routledge
Release Date : 2019-07-30
Insolvency Law And Multinational Groups written by Daoning Zhang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-30 with Law categories.
The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.
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.
International Cooperation In Bankruptcy And Insolvency Matters
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Author : Bob Wessels
language : en
Publisher: Oxford University Press
Release Date : 2009
International Cooperation In Bankruptcy And Insolvency Matters written by Bob Wessels 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 2009 with Law categories.
International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Multinational Enterprises And The Law
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Author : Peter Muchlinski
language : en
Publisher: Oxford University Press
Release Date : 2007
Multinational Enterprises And The Law written by Peter Muchlinski 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 2007 with Business & Economics categories.
Multinational Enterprises and the Law presents the only comprehensive, contemporary, and interdisciplinary account of the various techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. In addition it considers the effects of corporate self-regulation upon the development of the legal order in this area. Split into four parts the book firstly deals with the conceptual basis for MNE regulation, explaining the growth of MNEs, their business and legal forms, the relationship between them and the effects of a globalising economy and society upon the evolution of regulatory agendas in the field. Part II covers the main areas of economic regulation including the limits of national and regional jurisdiction over MNE activities, controls and liberalization of entry and establishment; tax and company, and competition law. Part III introduces the social dimension of MNE regulation covering labour rights, human rights, and environmental issues, and Part IV deals with the contribution of international law and organizations to MNE regulation and to the control of investment risks, covering the main provisions found in international investment agreements and their recent interpretation by international tribunals.
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
Transnational Legal Orders
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-19
Transnational Legal Orders written by Terence C. Halliday and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-19 with Business & Economics categories.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
The Future Of Cross Border Insolvency
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Author : Irit Mevorach
language : en
Publisher: Oxford University Press
Release Date : 2018
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 with Business & Economics 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.