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Cross-Border Insolvency

2017-08-21 Law
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Release : 2017-08-21
Genre : Law
Kind : eBook
Book Rating : 768/5 ( reviews)

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Book Synopsis Cross-Border Insolvency by : Neil Hannan

Download or read book Cross-Border Insolvency written by Neil Hannan. This book was released on 2017-08-21. 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.

International Arbitration and Cross-border Insolvency

2014 Law
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Release : 2014
Genre : Law
Kind : eBook
Book Rating : 194/5 ( reviews)

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Book Synopsis International Arbitration and Cross-border Insolvency by : Simon Vorburger

Download or read book International Arbitration and Cross-border Insolvency written by Simon Vorburger. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles of Cross-border Insolvency Law

2017 Bankruptcy
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Release : 2017
Genre : Bankruptcy
Kind : eBook
Book Rating : 307/5 ( reviews)

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Book Synopsis Principles of Cross-border Insolvency Law by : Reinhard Bork

Download or read book Principles of Cross-border Insolvency Law written by Reinhard Bork. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990

1992 Law
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Release : 1992
Genre : Law
Kind : eBook
Book Rating : 552/5 ( reviews)

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Book Synopsis Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990 by : Ian F. Fletcher

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. This book was released on 1992. Available in PDF, EPUB and Kindle. Book excerpt: Reports primarily in English, some in French or Spanish.

European Cross-border Insolvency Regulation

2005 Bankruptcy
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Release : 2005
Genre : Bankruptcy
Kind : eBook
Book Rating : 987/5 ( reviews)

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Book Synopsis European Cross-border Insolvency Regulation by : Jona Israël

Download or read book European Cross-border Insolvency Regulation written by Jona Israël. This book was released on 2005. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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