Cross Border Insolvency PDF Download
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Author | : Neil Hannan |
Publisher | : Springer |
Total Pages | : 273 |
Release | : 2017-08-21 |
Genre | : Law |
ISBN | : 9811058768 |
Download Cross-Border Insolvency Book in PDF, ePub and Kindle
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 | : Reinhard Bork |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Bankruptcy |
ISBN | : 9781780684307 |
Download Principles of Cross-border Insolvency Law Book in PDF, ePub and Kindle
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 | : Simon Vorburger |
Publisher | : Kluwer Law International |
Total Pages | : 328 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9789041154194 |
Download International Arbitration and Cross-border Insolvency Book in PDF, ePub and Kindle
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 | : Ian F. Fletcher |
Publisher | : Mohr Siebeck |
Total Pages | : 340 |
Release | : 1992 |
Genre | : Law |
ISBN | : 9783161458552 |
Download Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990 Book in PDF, ePub and Kindle
Reports primarily in English, some in French or Spanish.
Author | : |
Publisher | : |
Total Pages | : 118 |
Release | : 2014-10-22 |
Genre | : Bankruptcy |
ISBN | : 9789210563994 |
Download UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation Book in PDF, ePub and Kindle
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 |
Total Pages | : 711 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 1845921046 |
Download Cross Border Insolvency Book in PDF, ePub and Kindle
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 | : Jona Israël |
Publisher | : Intersentia nv |
Total Pages | : 404 |
Release | : 2005 |
Genre | : Bankruptcy |
ISBN | : 9050954987 |
Download European Cross-border Insolvency Regulation Book in PDF, ePub and Kindle
This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The 'struggle over jurisdiction' - the natural state of affairs under the old principles of 'universality & territoriality' - is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.
Author | : Chan Ho Look |
Publisher | : |
Total Pages | : 425 |
Release | : 2009 |
Genre | : Arbitration and award, International |
ISBN | : 9781905783243 |
Download Cross-border Insolvency Book in PDF, ePub and Kindle
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 | : Erik Göretzlehner |
Publisher | : Springer |
Total Pages | : 154 |
Release | : 2019-05-05 |
Genre | : Law |
ISBN | : 9783030117924 |
Download Maritime Cross-Border Insolvency Book in PDF, ePub and Kindle
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 | : 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.