Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by B. Wessels and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 and published by . This book was released on 2002 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009-04-16 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy written by Kashyap, Amit and published by IGI Global. This book was released on 2018-09-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
Download or read book International Insolvency Law written by Bob Wessels and published by Kluwer Law International. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Insolvency Law by Professor Bob Wessels provides a comprehensive overview of the relevant issues regarding cross-border insolvency matters. The book is a translated, revised and augmented edition of the Dutch book `Internationaal insolventierecht¿, which appeared in 2003, and is to serve as a handbook for insolvency practitioners. it focuses on the (regional) developments of treaties and on `soft law¿ and `best practice¿ recommendations published by organisations like IMF, World Bank and INSOL International. This is followed by an overview of the current Dutch International Insolvency Law. Also thoroughly discussed is the UNCITRAL Model Law on Cross-Border Insolvency, including comments on Chapter 15 of the United States Bankruptcy Code, In force since October 2005, And The draft of the English Cross-Border Insolvency Regulations 2006. The fourth chapter covers an elaborate analysis of the EU Insolvency Regulations, including 150 cases from ten jurisdictions together with foreign literature. The book contains an observation on the development of the future international insolvency laws, An extensive bibliography and a list of relevant websites
Download or read book Judicial cooperation in cross border insolvency cases written by Bob Wessels and published by ADAC Verlag DE. This book was released on 2008 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Insolvency Law and Interregional Cooperation written by Xinyi Gong and published by Routledge. This book was released on 2017-11-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
Download or read book International Bankruptcy written by Jodie Adams Kirshner and published by University of Chicago Press. This book was released on 2018-05-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of International Insolvencies and Debt Restructurings written by James R. Silkenat (jurist.) and published by . This book was released on 2006 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past several years, there have been an unprecedented number of insolvencies and restructurings of multinational corporations, both inside and outside of traditional bankruptcy proceedings. The Law of International Insolvencies and Debt Restructurings is the first treatise to analyze the newly created doctrines of law and procedure that have developed as insolvencies and restructurings have become increasingly international in character and now frequently involve the laws of numerous jurisdictions. Leading attorneys address developments in bankruptcy and insolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, Japan, and Canada. Essential topics in the law of international restructuring and insolvency are also explored in depth, including national legislation and procedures, treaties and cooperation agreements, sovereign debt litigation, and inter-creditor relationships. Coverage includes: - Methods of restructuring multinational corporate and sovereign debt - Judicial bankruptcy proceedings - Rights of creditors - Jurisdiction and venue - European Council Regulations - Choice of Law - Dispute resolution - Access by foreign parties to U.S. bankruptcy courts
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 EU Cross border Insolvency Court to court Cooperation Principles written by B. Wessels and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a set of 26 EU Cross-Border Insolvency Court-to-Court Cooperation Principles ('EU JudgeCo Principles') along with 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines ('EU JudgeCo Guidelines'). These EU JudgeCo Principles will strengthen efficient and effective communication between EU Member courts in insolvency cases with cross-border effects. They have been produced in a period of two years (2013-2014), developed by a team of scholars at Leiden Law School and Nottingham Law School, in collaboration with some 50 experts, including 25 judges representing just as many different EU countries. The principles are set in EU stone, in that they especially function within the framework of the EU Insolvency Regulation. The texts have been aligned with the text of the recast of the Regulation, as published early December 2014. The EU JudgeCo Principles try to overcome present obstacles for courts in EU Member States, such as formalistic and detailed national procedural law, concerns about a judge's impartiality, uneasiness with the use of certain legal concepts and terms, and evidently language. The texts further build on existing experience and tested resources, especially in cross-border cases in North America, but are tailor made into an EU insolvency law context. These Principles include a set of very practical EU JudgeCo Guidelines to facilitate communications in individual cross-border cases. The project was funded by the European Union and the International Insolvency Institute (III) (www.iiiglobal.org) and we thank both sponsors for their continued support. *** Librarians: ebook available on ProQuest and EBSCO (Series: European and International Insolvency Law Studies - Vol. 1) [Subject: EU Law, Insolvency Law, Commercial Law, Comparative Law]
Download or read book International Insolvency written by Carl Felsenfeld and published by Juris Publishing, Incorporated. This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: International Insolvency is designed as a one-volume practice & reference work that will serve the attorney who is involved in a foreign bankruptcy proceeding or a local case that raises transnational or international insolvency issues. The core of the book details the bankruptcy & related debtor/creditor laws of 15 major countries including: . Canada . England . France . Germany . Japan . Korea . Mexico & . The United States Sections begin with an identification of the specific bankruptcy laws in force (including laws dealing with reorganization as well as liquidation). Highlights of coverage: . Non-judicial workout procedures . Creation & enforcement of unsecured & secured debt in each of the countries . Protection of secured interests & legal distinctions between local & foreign creditors . Detailed analysis of operation of the bankruptcy system in the subject countries . Standards that must be met to start a proceeding . How claims are asserted . The operation of any discharge provisions . The automatic stay on the international stage . Conflicting rights to assets . Ability to assert avoidance powers extraterritorially . Issues raised in Sovereign Insolvencies The volume covers international efforts to reduce conflicts in international insolvency matters, including treaties, as well as insolvency under the United Nations, European Union & NAFTA. International Insolvency serves as a technical guide to firms engaged in bankruptcy work across national borders.
Download or read book Promoting Regional Cooperation in the Development of Insolvency Law Reforms written by Asian Development Bank and published by . This book was released on 2008 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross Border Insolvencies in EU English and Belgian Law written by Paul Torremans and published by Springer. This book was released on 2002-07-10 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to deal effectively with such emerging factors as multi-jurisdictional intellectual property rights and contractual issues surrounding employment or immovable property, a system of international bankruptcy and insolvency law is sorely needed. This important monograph shows how such a system is ready to hand in Europe and potentially available at a global level. As an obvious step in this direction, Professor Torremans examines the EU Regulation on Insolvency Proceedings. He analyses all its provisions in detail, and sets out the solution it puts in place, partial and imperfect as it may be. He concludes that within the EU this Regulation promises to improve matters substantially, and that it bodes well to become a model for international co-operation in this area. To demonstrate the need for a coherent cross-border insolvency law regime, Professor Torremans first describes two very different national approaches, those of Belgium and the United Kingdom. He explores these two traditional approaches in detail, stressing their practical applications, and finds neither system can offer a satisfactory solution in a cross-border context. Finally, recognising that this problem does not stop at the EU's borders, Professor Torremans examines the UNCITRAL Model Law in detail to see whether it does indeed make a useful contribution. This is a valuable and highly practical analysis that can immediately be put to good use by practitioners and officials charged with the organisation of bankruptcy and insolvency proceedings anywhere in the world.
