Universalit T Im Internationalen Insolvenzrecht

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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.

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 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.

The Journal Of Corporate Law Studies

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Author :
language : en
Publisher:
Release Date : 2002

The Journal Of Corporate Law Studies written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Corporation law categories.

Cross Border Insolvency Law

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Author : Bob Wessels
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-09-24

Cross Border Insolvency Law written by Bob Wessels and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-24 with Law categories.

Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.

Between Creed Rhetoric Fa Ade And Disregard

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Author : Markus A. Höllerer
language : en
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 2012

Between Creed Rhetoric Fa Ade And Disregard written by Markus A. Höllerer and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business categories.

Applying the theoretical lens of organizational institutionalism, this study analyzes the spread of Corporate Social Responsibility (CSR) in the Austrian corporate world. The objectives are threefold: First, to explore the institutional framework in place; second, to explain the dissemination of CSR in terms of adopters' characteristics and field-level pressures; and third, to understand the structuring dimensions of meaning within the CSR discourse. The findings demonstrate that a specific sub-population is more inclined to espouse commitment to CSR policies. Against the background of an ambiguous nature and definition of CSR, this study also shows how actor categories and divergent thematic embeddings serve as a basis for the concept's theorization, and elaborates on a distinct constellation of empirical sub-discourses.

Enforcement Of Arbitration Agreements And International Arbitral Awards

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Author : Emmanuel Gaillard
language : en
Publisher: Cameron May, Limited
Release Date : 2008

Enforcement Of Arbitration Agreements And International Arbitral Awards written by Emmanuel Gaillard and has been published by Cameron May, Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Arbitration agreements, Commercial categories.

Enforcement of Arbitration Agreements and International Arbitral Awards provides the most exhaustive commentary on the fundamental aspects of the New York Convention. The significant legal developments and associated practice over the last 50 years have been put been put under the microscope by distinguished academics and practitioners in the area. Each of the 31 chapters provides focused analysis of individual issues with the emphasis on the relevant case law from various Contracting States without ever straying from a global outlook.

European And National Perspectives On The Application Of The European Insolvency Regulation

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Author : I. Queirolo
language : en
Publisher:
Release Date : 2017

European And National Perspectives On The Application Of The European Insolvency Regulation written by I. Queirolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

The European Insolvency Regulation

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Author : Miguel Virgos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01

The European Insolvency Regulation written by Miguel Virgos and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.

After many years of negotiations among Member States, a uniform set of private international law rules has been established to determine the conduct of cross-border insolvency proceedings within the European Community. This is the European Insolvency Regulation of May 2000. Although each state still retains its own insolvency law, the regulation greatly reduces the risk of opportunistic behaviour by providing certainty as to which European courts have jurisdiction to open insolvency proceedings and which state?s laws apply, in addition to ensuring the cross-border effectiveness within the EU of the decisions handed down by those courts. This in-depth commentary offers practitioners in international business transactions and litigation a definitive guide to the workings of the Insolvency Regulation. The authors?one of whom co-wrote the official explanatory report on the 1995 Convention on Insolvency Proceedings, a report that still plays a fundamental hermeneutic role?leave no stone unturned in their probing analysis, which explains in detail such elements as the following: relationship with other community legal instruments and international conventions; territorial scope; substantive scope; third-party rights in rem and reservation of title; set-off; contracts relating to immovable property; employment contracts and relationships; payment systems and financial markets; community patents and trademarks; publication and registration; lodgement of claims; and special considerations affecting credit institutions and insurance undertakings. Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.

Principles Of European Constitutional Law

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Author : Armin von Bogdandy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-12-03

Principles Of European Constitutional Law written by Armin von Bogdandy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-03 with Law categories.

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review." Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law... unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven