Maritime Cross Border Insolvency
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Maritime Cross Border Insolvency Under The Uncitral Model Law Regime
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Author : Jingchen Xu
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-10
Maritime Cross Border Insolvency Under The Uncitral Model Law Regime written by Jingchen Xu and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Law categories.
This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry.
Maritime Cross Border Insolvency
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Author : Lia Athanassiou
language : en
Publisher: Taylor & Francis
Release Date : 2017-11-02
Maritime Cross Border Insolvency written by Lia Athanassiou and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Law categories.
Maritime Cross-Border Insolvency is a comprehensive comparative examination of both insolvency regimes (UNCITRAL and EU) in shipping with reference to the main jurisdictions having adopted the UNCITRAL regime, i.e. USA, UK, Greece.
Maritime Cross Border Insolvency
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Author : Erik Göretzlehner
language : en
Publisher: Springer
Release Date : 2019-04-03
Maritime Cross Border Insolvency written by Erik Göretzlehner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-03 with Law categories.
This book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comité Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.
Maritime Organisation Management And Liability
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Author : Stephen Girvin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-05-20
Maritime Organisation Management And Liability written by Stephen Girvin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Maritime Liabilities In A Global And Regional Context
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Author : Bar?? Soyer
language : en
Publisher: Taylor & Francis
Release Date : 2018-09-20
Maritime Liabilities In A Global And Regional Context written by Bar?? Soyer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-20 with Law categories.
Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.
Commercial Maritime Law
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Author : Melis Özdel
language : en
Publisher:
Release Date : 2020
Commercial Maritime Law written by Melis Özdel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
"The title "Commercial Maritime Law" is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. The book unravels the complexities of bridging the gap between common law and civil law in commercial maritime law and will discuss whether the title "Commercial Maritime Law" will remain a misnomer despite the countless attempts at harmonization. In this book, internationally renowned legal scholars and practitioners discuss the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide in commercial maritime law"--
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
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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
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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
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.