Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 30
Book Description
Draft Legislative Provisions on Judicial Cooperation and Access and Recognition in Cases of Cross-border Insolvency
Author: Judicial cooperation in cross-border insolvency cases
Author: Bob WesselsPublisher: ADAC Verlag DE
ISBN: 9789013059342
Category : Bankruptcy
Languages : en
Pages : 60
Book Description
UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation
Author: Publisher:
ISBN: 9789210563994
Category : Bankruptcy
Languages : en
Pages : 118
Book Description
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
Cross-Border Insolvency Law
Author: Bob WesselsPublisher: Kluwer Law International B.V.
ISBN: 9041159959
Category : Law
Languages : en
Pages : 1042
Book Description
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.
Cross-border Insolvency
Author: UN. SecretariatCross-Border Insolvency
Author: Neil HannanPublisher: Springer
ISBN: 9811058768
Category : Law
Languages : en
Pages : 273
Book Description
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.
AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 4
Author: Publisher:
ISBN: 0199758883
Category : Law
Languages : en
Pages : 336
Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Four of AILC covers procedural issues, including those in foreign proceedings. The volume also covers the Foreign Sovereign Immunities Act. The appellate court in El Paso Corporation v. La Comision Ejecutiva Hidro Electrica del Rio Lempa affirmed the district court's denial of the plaintiff's request for discovery for use in a private international arbitration proceeding. The arbitration was conducted pursuant to the parties' agreement under the United Nations Commission on International Trade Law arbitration rules, El Salvadoran substantive law, and Swiss procedural law. In Muhamed Sacirbey v. Joseph R. Guccione, the issue was whether an arrest warrant issued by a foreign court that no longer has jurisdiction over the accused, nor the power to enforce the warrant, can provide an adequate basis for the extradition of a United States citizen.
Draft Guide to Enactment of the UNCITRAL Model Legislative Provisions on Cross-Border Insolvency
Author: UN Commission on International Trade Law. SecretariatPublisher:
ISBN:
Category :
Languages : en
Pages : 31
Book Description
Orderly and Effective Insolvency Procedures
Author: International Monetary FundPublisher: International Monetary Fund
ISBN: 9781557758200
Category : Business & Economics
Languages : en
Pages : 108
Book Description
Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Current Issues in Cross-Border Insolvency and Reorganizations
Author: E. LeonardPublisher: Springer
ISBN:
Category : Business & Economics
Languages : en
Pages : 360
Book Description
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.