Transnational Insolvency PDF Download
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Author | : Elina Moustaira |
Publisher | : Springer |
Total Pages | : 160 |
Release | : 2018-12-31 |
Genre | : Law |
ISBN | : 3030044505 |
Download International Insolvency Law Book in PDF, ePub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 180 |
Release | : 2001 |
Genre | : Bankruptcy |
ISBN | : |
Download International Insolvency Book in PDF, ePub and Kindle
"This monograph summarizes the statutory and case-law authority on international insolvency."--Preface.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Collier International Business Insolvency Guide Book in PDF, ePub and Kindle
Author | : Professor Paul Omar |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 488 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409496058 |
Download International Insolvency Law Book in PDF, ePub and Kindle
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.
Author | : Bob Wessels |
Publisher | : Oxford University Press |
Total Pages | : 285 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0195340175 |
Download International Cooperation in Bankruptcy and Insolvency Matters Book in PDF, ePub and Kindle
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.
Author | : Philip R. Wood |
Publisher | : Sweet & Maxwell |
Total Pages | : 1111 |
Release | : 2007 |
Genre | : Bankruptcy |
ISBN | : 1847032109 |
Download Principles of International Insolvency Book in PDF, ePub and Kindle
This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Author | : Jodie Adams Kirshner |
Publisher | : University of Chicago Press |
Total Pages | : 288 |
Release | : 2018-05-10 |
Genre | : Law |
ISBN | : 022653202X |
Download International Bankruptcy Book in PDF, ePub and Kindle
With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Author | : Daniele D'Alvia |
Publisher | : Routledge |
Total Pages | : 118 |
Release | : 2022-01-31 |
Genre | : Law |
ISBN | : 100061090X |
Download International Insolvency and Finance Law Book in PDF, ePub and Kindle
Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.
Author | : Irit Mevorach |
Publisher | : Oxford University Press |
Total Pages | : 321 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 0198782896 |
Download The Future of Cross-border Insolvency Book in PDF, ePub and Kindle
A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a framework for improving its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing the mechanisms for managing the insolvency of multinational enterprises and financial institutions. The book considers the effectiveness of the current system and identifies the gaps that could be bridged by adopting certain strategies and tools, to improve the system further. The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism-in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.
Author | : Professor Paul Omar |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 725 |
Release | : 2013-12-28 |
Genre | : Law |
ISBN | : 1409466671 |
Download International Insolvency Law Book in PDF, ePub and Kindle
International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.