Principles Of Cross Border Insolvency Law

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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.

Principles Of Corporate Insolvency Law

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Author : Roy Goode
language : en
Publisher:
Release Date : 2007

Principles Of Corporate Insolvency Law written by Roy Goode and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.

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

Corporate Insolvency Law

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Author : Vanessa Finch
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-12

Corporate Insolvency Law written by Vanessa Finch 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 2002-09-12 with Business & Economics categories.

Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Principles Cross Border Insolvency

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Author : BORK
language : en
Publisher:
Release Date : 2017-01-05

Principles Cross Border Insolvency written by BORK and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-05 with categories.

Corporate Insolvency Law And Bankruptcy Reforms In The Global Economy

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Author : Kashyap, Amit
language : en
Publisher: IGI Global
Release Date : 2018-09-28

Corporate Insolvency Law And Bankruptcy Reforms In The Global Economy written by Kashyap, Amit and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Business & Economics categories.

With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.

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

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.

The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor's assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake. About the author: Prof. Dr. Reinhard Bork holds the Chair in Civil Procedural Law at the University of Hamburg. He has been the Robert S. Campbell Visiting Fellow at Magdalen College, Oxford in 2010-2011 and 2015-2016. He is an experienced Court of Appeal Judge and arbitrator. 'The present book is clearly the product of massive and admirable research ... It is a major step forward in learning on the subject.' From the Foreword by Gabriel Moss QC' Professor Bork's important book identifies and systematically articulates a set of core foundational principles for cross-border insolvency law. His principled-based approach provides the basis for evaluating existing legal frameworks, such as the European Insolvency Regulation and the UNCITRAL Model Law, and for constructing a harmonized, transnational, normative order of insolvency law. Academics, law reformers, judges, and practitioners would be well advised to pay close attention to Professor Bork's excellent, clear-sighted and scholarly insights.' Adrian J. Walters, Ralph L. Brill Professor of Law, Chicago-Kent College of Law'[This book is] very interesting as a comprehensive survey of the major substantive and procedural principles governing the cross-border insolvency phenomenon.' Antonio Leandro, Associate Professor of International Law at the University of Bari Aldo Moro.

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.