Maritime Cross Border Insolvency Under The Uncitral Model Law Regime
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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.
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
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.
Uncitral Model Law On Cross Border Insolvency With Guide To Enactment
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Author : United Nations Commission on International Trade Law
language : en
Publisher:
Release Date : 1999
Uncitral Model Law On Cross Border Insolvency With Guide To Enactment written by United Nations Commission on International Trade Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Bankruptcy categories.
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
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.
International Insolvency Law
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Author : Elina Moustaira
language : en
Publisher: Springer
Release Date : 2018-12-31
International Insolvency Law written by Elina Moustaira and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-31 with Law 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.
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.
Cross Border Insolvency
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Author :
language : en
Publisher:
Release Date : 2008
Cross Border Insolvency written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Conflict of laws categories.