Maritime Cross Border Insolvency

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Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime

Jingchen Xu
Maritime Cross Border Insolvency under the UNCITRAL Model Law Regime Book PDF

Author : Jingchen Xu
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 50,8 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781509935987

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Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime by Jingchen Xu Pdf

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

Erik Göretzlehner
Maritime Cross Border Insolvency Book PDF

Author : Erik Göretzlehner
Publisher : Springer
Page : 154 pages
File Size : 54,5 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.

Maritime Cross-Border Insolvency

Lia Athanassiou
Maritime Cross Border Insolvency Book PDF

Author : Lia Athanassiou
Publisher : Taylor & Francis
Page : 425 pages
File Size : 53,5 Mb
Release : 2017-11-02
Category : Law
ISBN : 9781351724623

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Maritime Cross-Border Insolvency by Lia Athanassiou Pdf

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 Liabilities in a Global and Regional Context

Bar?? Soyer,Andrew Tettenborn
Maritime Liabilities in a Global and Regional Context Book PDF

Author : Bar?? Soyer,Andrew Tettenborn
Publisher : Taylor & Francis
Page : 334 pages
File Size : 51,9 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781351028127

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Maritime Liabilities in a Global and Regional Context by Bar?? Soyer,Andrew Tettenborn Pdf

Maritime Liabilities in a Global and Regional Context consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 13th International Colloquium at Swansea Law School in September 2017. Written by a combination of top academics and highly-experienced legal practitioners, these papers have been carefully co-ordinated to give the reader a first-class insight into the issues surrounding maritime liabilities. The book is set out in two parts: - Part I offers a detailed and critical analysis of issues of contemporary importance concerning maritime liabilities - Part 2 discusses contemporary issues concerning the enforcement of maritime liabilities. An invaluable guide to recent legal and practical developments in maritime liabilities, this book is vital reading for both professional and academic readers.

Maritime Organisation, Management and Liability

Stephen Girvin,Vibe Ulfbeck
Maritime Organisation Management and Liability Book PDF

Author : Stephen Girvin,Vibe Ulfbeck
Publisher : Bloomsbury Publishing
Page : 351 pages
File Size : 43,7 Mb
Release : 2021-05-20
Category : Law
ISBN : 9781509942923

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Maritime Organisation, Management and Liability by Stephen Girvin,Vibe Ulfbeck Pdf

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.

Commercial Maritime Law

Melis Özdel
Commercial Maritime Law Book PDF

Author : Melis Özdel
Publisher : Unknown
Page : 128 pages
File Size : 47,8 Mb
Release : 2020
Category : Electronic books
ISBN : 1474202950

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Commercial Maritime Law by Melis Özdel Pdf

"The title "Commercial Maritime Law" is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. The book unravels the complexities of bridging the gap between common law and civil law in commercial maritime law and will discuss whether the title "Commercial Maritime Law" will remain a misnomer despite the countless attempts at harmonization. In this book, internationally renowned legal scholars and practitioners discuss the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide in commercial maritime law"--

Cross-border Insolvency

Philip St. J. Smart
Cross border Insolvency Book PDF

Author : Philip St. J. Smart
Publisher : Lexis Law Publishing (Va)
Page : 480 pages
File Size : 51,9 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.

Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime

Jingchen Xu
Maritime Cross Border Insolvency under the UNCITRAL Model Law Regime Book PDF

Author : Jingchen Xu
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 44,6 Mb
Release : 2020-12-10
Category : Law
ISBN : 9781509936007

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Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime by Jingchen Xu Pdf

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.

Principles of Cross-border Insolvency Law

Reinhard Bork
Principles of Cross border Insolvency Law Book PDF

Author : Reinhard Bork
Publisher : Unknown
Page : 0 pages
File Size : 49,8 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.

Cross-Border Insolvency

Richard Sheldon QC
Cross Border Insolvency Book PDF

Author : Richard Sheldon QC
Publisher : Bloomsbury Publishing
Page : 750 pages
File Size : 55,8 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

Cross-Border Insolvency Law

Bob Wessels,Gert-Jan Boon
Cross Border Insolvency Law Book PDF

Author : Bob Wessels,Gert-Jan Boon
Publisher : Kluwer Law International B.V.
Page : 1042 pages
File Size : 53,9 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.

Commercial Maritime Law

Melis Özdel
Commercial Maritime Law Book PDF

Author : Melis Özdel
Publisher : Bloomsbury Publishing
Page : 227 pages
File Size : 43,6 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509901050

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Commercial Maritime Law by Melis Özdel Pdf

The title 'Commercial Maritime Law' is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide embedded within commercial maritime law.

The Law of Ship Mortgages

David Osborne,Graeme Bowtle,Charles Buss
The Law of Ship Mortgages Book PDF

Author : David Osborne,Graeme Bowtle,Charles Buss
Publisher : CRC Press
Page : 825 pages
File Size : 45,9 Mb
Release : 2016-09-13
Category : Law
ISBN : 9781317660422

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The Law of Ship Mortgages by David Osborne,Graeme Bowtle,Charles Buss Pdf

Thought to be the most comprehensive guide to English law relating to ship mortgages, the second edition of The Law of Ship Mortgages has been highly anticipated. This fully-updated and complete explanation provides practitioners with a practical, commercially-based, and definitive guide to the English law of ship mortgages as well as important related areas such as conflict of laws and insolvency. The authors, being seasoned practitioners themselves, bring their practical experience to bear on a number of difficult and developing areas of the law, such as: mortgagees’ duties, liability to charterers, conflicts of laws, work-outs and cross border insolvency. New to this edition: In-depth analysis of noteworthy cases such as The WD Fairway litigation, PK Airfinance v Alpstream, and Tropical Reefer and Anton Durbeck v DNB Enhanced coverage of issues such as security interests in ships, priority, and third party involvement Completely revised and reordered content, to better reflect practitioner needs Written with practitioners in mind, this new edition will be extremely useful to legal professionals working in any jurisdiction that is involved in international ship finance, as well as post-graduate students and academics.

Transnational Legal Orders

Terence C. Halliday,Gregory C. Shaffer
Transnational Legal Orders Book PDF

Author : Terence C. Halliday,Gregory C. Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 51,5 Mb
Release : 2015-01-19
Category : Business & Economics
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory C. Shaffer Pdf

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.

Law of Yachts & Yachting

Richard Coles,Filippo Lorenzon
Law of Yachts Yachting Book PDF

Author : Richard Coles,Filippo Lorenzon
Publisher : CRC Press
Page : 911 pages
File Size : 44,6 Mb
Release : 2013-07-31
Category : Law
ISBN : 9781317995784

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Law of Yachts & Yachting by Richard Coles,Filippo Lorenzon Pdf

The book is the first comprehensive treatise on the law relating to yachts and provides its readers with a thorough analysis of maritime law as relevant to the superyacht sector. Written by a team of leading yachting practitioners and researchers, it covers the legal issues arising during the life of a yacht. The book is written for the legal practitioner, yacht-broker and manager concerned with the operation of professionally crewed yachts including financing, registration, chartering, insurance, compliance and casualty management. Key Features - •This is the first and only practitioners’ book on the area •It covers all major aspects of yachting law in a single book •The Law of Yachts and Yachting is highly comprehensive - despite its main focus on contract and tort law, it contains references to public law and international law and practice •References to case law, English, foreign and international •Appendices containing essential source materials