Download or read book Recognition of Foreign Judgments and Cross Border Insolvencies written by Adeline Chong and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the joined appeals of Rubin v Eurofinance and New Cap Reinsurance v Grant, the Supreme Court held that first, the traditional rules on recognition and enforcement of foreign judgments applied to judgments in insolvency proceedings, and secondly, the act of lodging proof in foreign insolvency proceedings by a creditor meant that he had submitted to the jurisdiction of the supervising court. This article considers these decisions and suggests that the ruling in Rubin is sound while that in New Cap is unfounded. Further, assuming instead that the law is ripe for reform, this article considers what might be appropriate recognition and enforcement rules for judgments in insolvency proceedings.
Download or read book Uncitral Model Law on Recognition and Enforcement of Insolvency Related Judgments with Guide to Enactment written by United Nations Publications and published by . This book was released on 2019-11-30 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ) is designed to provide States with a simple, straightforward and harmonized procedure for recognition and enforcement of insolvency-related judgments and complements the UNCITRAL Model Law on Cross-Border Insolvency to further assist the conduct of cross-border insolvency proceedings.
Download or read book International Insolvency Law written by Elina Moustaira and published by Springer. This book was released on 2018-12-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross Border Insolvency written by Richard Sheldon and published by A&C Black. This book was released on 2011-01-01 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross Border Insolvency Law written by Bob Wessels and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross Border Insolvency written by Neil Hannan and published by Springer. This book was released on 2017-08-21 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross Border Insolvency Proceedings written by Remigijus Jokubauskas and published by Taylor & Francis. This book was released on 2024-04-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
Download or read book Cross Border Insolvency written by Richard Sheldon QC and published by Bloomsbury Publishing. This book was released on 2015-04-17 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
Download or read book Cross border Insolvencies written by Magdalena Zak and published by . This book was released on 2008 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross border Insolvency National and Comparative Studies Reports Delivered at the XIII International Congress of Comparative Law Montreal 1990 written by Ian F. Fletcher and published by Mohr Siebeck. This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports primarily in English, some in French or Spanish.
Download or read book Practitioner s Guide to Cross border Insolvencies written by Jon Yard Arnason and published by . This book was released on 2000-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Your One-Stop Guide This new two-volume looseleaf set provides international & comparative analysis of commercial insolvency law for over forty countries! It is an essential hands-on guide to the law & practice governing insolvencies, bankruptcies, workouts, winding ups, etc. in major jurisdictions of the world. A Step-by-Step Roadmap Following a uniform outline for each country, the set provides a handy & easy-to-use roadmap to help you navigate the complicated territory of bankruptcy treaties, statutes, rules, & case law. For each country, you get essential information on creditor rights, officer & director liability, courts & jurisdiction, types of insolvency proceedings, initiation of proceedings, claims, discharge, dismissal & much, much more! Commentary Includes Essential Information On: * Receivers * Winding Ups * Workouts * Currency Exchange * Administration Orders * Conflicts of Law * Consolidation & Pooling of Assets * International Judicial Assistance * Liability of Shareholders, Trustees & Guarantors * Recognition of Foreign Judgments & Arbitral Awards * Reservation of Title Countries Covered Include: * Argentina * Australia * Bahamas * Bermuda * Brazil * Canada * China (PRC) * Colombia * Czech Republic * Denmark * Egypt * England * France * Germany * Hong Kong * Hungary * India * Ireland * Israel * Italy * Japan * Jersey * Korea * Liechtenstein * Malaysia * Mexico * Netherlands * New Zealand * Norway * Panama * Peru * Scotland * Singapore * Spain * Sweden * Switzerland * Taiwan * Turkey * Union of South Africa * United Arab Emirates * United States * Uruguay.
Download or read book Current Issues in Cross Border Insolvency and Reorganizations written by E. Leonard and published by Springer. This book was released on 1994-07-26 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, undertaken by the Insolvency and Creditors' Rights Committee of the International Bar Association's Section on Business Law, gathers together a critical assessment of some of the most pressing current issues in cross-border insolvency and reorganization, under the following headings: The Proposed European Community Insolvency Convention; Comparative Analysis of Chapter 11 with the UK Administration System; Maxwell Communication: New Aspects of Co-operation in International Insolvency; The Olympia & York Reorganization: Parallel International Reorganization Proceedings; Treatment of International Insolvency Issues in Japan; Cross-Border Insolvency Issues in Canada; Aspects of International Insolvency Administration in Germany; Practical Problems in Cross-Border Insolvencies; Recognition of Foreign Insolvency and Legal Proceedings in Italy; The New Insolvency Regimes in Russia and the CIS; Shareholder Liability, Consolidation and Pooling; The Model International Insolvency Co-operation Act; Effects of Foreign Bankruptcy Judgments and Power of Foreign Receivers - A French Perspective.
Download or read book Recognition Enforcement of Cross Border Insolvency written by Neil Cooper and published by Wiley. This book was released on 1996-08-01 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global marketplace brings with it significant benefits to businesses, but it also increases the risk of cross-frontier insolvencies. Although there have been steps in recent years towards creating a more uniform system, insolvency practitioners are still finding themselves confronted by the problems of widely differing insolvency regimes on an international scale. The question of access to foreign jurisdictions and recognition of foreign insolvency orders is critical if practitioners are to successfully carry out their appointed tasks. Recognition and Enforcement of Cross-Border Insolvency covers 36 countries and provides a succinct and invaluable practical guide to their policies and laws when dealing with insolvency proceedings originating in another jurisdiction. Each country chapter is uniformly structured around the following headings: ? Under general law ? Assisting legislation ? Insolvency practice ? Examples This expertly constructed approach allows the reader instant access to practical information and actual case studies while pointing out the key sources of the national rules without having to navigate through extensive amounts of time-consuming text. Recognition and Enforcement of Cross-Border Insolvency is essential reading for all insolvency practitioners, both lawyers and accountants, and all financial institutions operating within the international business arena.
Download or read book Cross border Insolvency II written by and published by . This book was released on 2012 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of Cross border Insolvency written by Irit Mevorach and published by Oxford University Press. This book was released on 2018 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross border Insolvency written by Gina Lotter and published by . This book was released on 2013* with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
