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Transnational Protocols A Cooperative Tool For Managing Cross Border Insolvency


Transnational Protocols A Cooperative Tool For Managing Cross Border Insolvency
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Transnational Protocols A Cooperative Tool For Managing Cross Border Insolvency


Transnational Protocols A Cooperative Tool For Managing Cross Border Insolvency
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Author : Daniele Vattermoli
language : en
Publisher:
Release Date : 2021

Transnational Protocols A Cooperative Tool For Managing Cross Border Insolvency written by Daniele Vattermoli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.




Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups


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.



Uncitral Practice Guide On Cross Border Insolvency Cooperation


Uncitral Practice Guide On Cross Border Insolvency Cooperation
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Author :
language : en
Publisher: United Nations Publications
Release Date : 2010

Uncitral Practice Guide On Cross Border Insolvency Cooperation written by and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Political Science categories.


Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.



Transnational Legal Orders


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.



Uncitral Model Law On Cross Border Insolvency With Guide To Enactment And Interpretation


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



Orderly And Effective Insolvency Procedures


Orderly And Effective Insolvency Procedures
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Author : International Monetary Fund
language : en
Publisher: International Monetary Fund
Release Date : 1999-08-02

Orderly And Effective Insolvency Procedures written by International Monetary Fund and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-02 with Business & Economics categories.


Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.



Recasting The Insolvency Regulation


Recasting The Insolvency Regulation
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Author : Vesna Lazić
language : en
Publisher: Springer Nature
Release Date : 2019-12-12

Recasting The Insolvency Regulation written by Vesna Lazić and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.


This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div



The Future Of Cross Border Insolvency


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 pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. Irit Mevorach here takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by a new approach. The book first sets out the theoretical debates regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method - modified universalism - synthesizing divergences into a rubric for both commercial entities and financial institutions. Adhering to these norms more robustly, Mevorach argues, would enhance global welfare and produce the best outcomes for businesses and institutions. Drawing upon sources from international law as well as behavioural and economic theory, Mevorach considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency; the impact instrument design has on decisions and choices, and how to encourage compliance. In particular, the book proposes guidelines that could potentially overcome, or at least take into account, behavioural biases in decision-making in order to create a system that works for businesses, and offers a blueprint for the future of cross-border insolvency.



Going For Broke


Going For Broke
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Author : Jean-Pierre Brun
language : en
Publisher: World Bank Publications
Release Date : 2019-12-06

Going For Broke written by Jean-Pierre Brun and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-06 with Law categories.


Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.



International Cooperation In Bankruptcy And Insolvency Matters


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.