UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation PDF Download
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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
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
Author: Neil Hannan Publisher: Springer ISBN: 9811058768 Category : Law Languages : en Pages : 270
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.
Author: United Nations Commission on International Trade Law Publisher: UN ISBN: 9789211338195 Category : Law Languages : en Pages : 0
Book Description
The publication includes a new Guide to Enactment and Interpretation of the Model Law on Cross-Border Insolvency that provides more information and guidance on the interpretation and application of selected aspects of the Model Law, in particular the concept of the debtor's "center of main interests" and the factors relevant to rebuttal of the presumption in article 16(3), the use of the word "insolvency" in the Model Law and various elements of the definition of "foreign proceeding" in article 2. The revisions do not in any way affect the text of the Model Law as drafted.
Author: Publisher: United Nations Publications ISBN: 9789211336887 Category : Political Science Languages : en Pages : 0
Book Description
Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.
Author: United Nations Commission on International Trade Law Publisher: ISBN: Category : Law Languages : en Pages : 96
Book Description
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
Author: Terence C. Halliday Publisher: Cambridge University Press ISBN: 1107069920 Category : Business & Economics Languages : en Pages : 559
Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Author: United Nations Commission on International Trade Law Publisher: ISBN: 9789211336085 Category : Bankruptcy Languages : en Pages : 94
Book Description
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
Author: United Nations Commission on International Trade Law Publisher: ISBN: 9789211336085 Category : Bankruptcy Languages : en Pages : 94
Book Description
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
Author: Bob Wessels Publisher: 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.
Author: United Nations Publisher: ISBN: 9789211303995 Category : Political Science Languages : en Pages : 300
Book Description
The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.