Cross Border Insolvency

Author : Neil Hannan
Publisher : Springer
Page : 270 pages
File Size : 49,7 Mb
Release : 2017-08-21
Category : Law
ISBN : 9789811058769

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Cross-Border Insolvency by Neil Hannan Pdf

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.

Author : Philip St. J. Smart
Publisher : Lexis Law Publishing (Va)
Page : 480 pages
File Size : 47,8 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105060438293

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Cross-border Insolvency by Philip St. J. Smart Pdf

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.

Author : Ilya Kokorin,Bob Wessels
Publisher : Edward Elgar Publishing
Page : 332 pages
File Size : 40,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781800880542

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Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups by Ilya Kokorin,Bob Wessels Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 118 pages
File Size : 40,6 Mb
Release : 2014-10-22
Category : Bankruptcy
ISBN : 9210563999

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UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation by Anonim Pdf

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

Author : Richard Sheldon
Publisher : A&C Black
Page : 711 pages
File Size : 41,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9781845921040

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Cross Border Insolvency by Richard Sheldon Pdf

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.

Author : Ian F. Fletcher
Publisher : Mohr Siebeck
Page : 340 pages
File Size : 43,7 Mb
Release : 1992
Category : Law
ISBN : 3161458559

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Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990 by Ian F. Fletcher Pdf

Reports primarily in English, some in French or Spanish.

Author : Reinhard Bork
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2017
Category : Bankruptcy
ISBN : 1780684304

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Principles of Cross-border Insolvency Law by Reinhard Bork Pdf

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.

Author : BORK
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2017-01-05
Category : Electronic
ISBN : 1780684355

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Principles Cross Border Insolvency by BORK Pdf

Author : Anonim
Publisher : United Nations Publications
Page : 0 pages
File Size : 55,8 Mb
Release : 2010
Category : Political Science
ISBN : 9211336880

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UNCITRAL Practice Guide on Cross-border Insolvency Cooperation by Anonim Pdf

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.

Author : Erik Göretzlehner
Publisher : Springer
Page : 154 pages
File Size : 51,9 Mb
Release : 2019-04-03
Category : Law
ISBN : 9783030117931

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Maritime Cross-Border Insolvency by Erik Göretzlehner Pdf

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.

Author : Bob Wessels,Gert-Jan Boon
Publisher : Kluwer Law International B.V.
Page : 1042 pages
File Size : 46,5 Mb
Release : 2015-09-24
Category : Law
ISBN : 9789041159953

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Cross-Border Insolvency Law by Bob Wessels,Gert-Jan Boon Pdf

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.

Author : Simon Vorburger
Publisher : Kluwer Law International
Page : 328 pages
File Size : 45,9 Mb
Release : 2014
Category : Law
ISBN : 9041154191

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International Arbitration and Cross-border Insolvency by Simon Vorburger Pdf

In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.

Author : Richard Sheldon QC
Publisher : Bloomsbury Publishing
Page : 750 pages
File Size : 50,6 Mb
Release : 2015-04-17
Category : Law
ISBN : 9781780437613

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Cross-Border Insolvency by Richard Sheldon QC Pdf

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

Author : Chan Ho Look
Publisher : Unknown
Page : 425 pages
File Size : 55,5 Mb
Release : 2009
Category : Arbitration and award, International
ISBN : 1905783248

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Cross-border Insolvency by Chan Ho Look Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 359 pages
File Size : 53,8 Mb
Release : 2008
Category : Conflict of laws
ISBN : 600004030X

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Cross-Border Insolvency by Anonim Pdf