Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Uncitral Model Law On Cross Border Insolvency And Its Impact On Maritime Creditors PDF full book. Access full book title The Uncitral Model Law On Cross Border Insolvency And Its Impact On Maritime Creditors.
| Author | : Jennifer Ann Devlin |
| Publisher | : |
| Total Pages | : 114 |
| Release | : 2009 |
| Genre | : Conflict of laws |
| ISBN | : |
| Author | : Jingcheng Xu |
| Publisher | : Hart Publishing |
| Total Pages | : |
| Release | : 2020 |
| Genre | : Bankruptcy |
| ISBN | : 9781509936014 |
Bankruptcy law : fundamental aims and relevant prominent principles -- Cross-border insolvency : theoretical divergence and its status quo -- The UNCITRAL model law -- Overview of maritime law -- Key conflicts between the UNCITRAL model law and maritime practice -- Australia -- United Kingdom -- United State -- Singapore -- Policy reflections on the treatment of maritime creditors under the UNCITRAL model law regime -- Policy reflections on the determination of the centre of main interest and the scope of debtor's assets.
| Author | : Erik Göretzlehner |
| Publisher | : Springer |
| Total Pages | : 154 |
| Release | : 2019-04-03 |
| Genre | : Law |
| ISBN | : 3030117936 |
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 | : Lia Athanassiou |
| Publisher | : Taylor & Francis |
| Total Pages | : 425 |
| Release | : 2017-11-02 |
| Genre | : Law |
| ISBN | : 1351724622 |
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.
| Author | : Look Chan Ho |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 9781911078210 |
Cross-border insolvency is an increasingly topical issue and cross-border insolvency practice continues to develop rapidly. Cross-Border Insolvency: A Commentary on the UNCITRAL Model Law, 4th Ed is an updated, enhanced edition covering the national implementation of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency.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 essentially 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.New to the fourth edition are chapters on Chile and the Philippines with an expanded South African chapter to include the OHADA countries.This major new edition is an invaluable guide to the local application and comparative analysis of the model law for anyone dealing with cross-border insolvency issues. Lawyers in private practice or in-house, insolvency practitioners, government authorities, academics and students will find this expanded edition an essential addition to their library.
| Author | : Neil Hannan |
| Publisher | : Springer |
| Total Pages | : 273 |
| Release | : 2017-08-21 |
| Genre | : Law |
| ISBN | : 9811058768 |
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 | : United Nations Commission on International Trade Law |
| Publisher | : |
| Total Pages | : 94 |
| Release | : 1999 |
| Genre | : Bankruptcy |
| ISBN | : 9789211336085 |
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
| Author | : |
| Publisher | : |
| Total Pages | : 72 |
| Release | : 2012 |
| Genre | : Conflict of laws |
| ISBN | : |
| Author | : |
| Publisher | : |
| Total Pages | : 118 |
| Release | : 2014-10-22 |
| Genre | : Bankruptcy |
| ISBN | : 9789210563994 |
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 | : Jingchen Xu |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 208 |
| Release | : 2020-12-10 |
| Genre | : Law |
| ISBN | : 1509935983 |
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.
