Author :
Publisher :
Page : 118 pages
File Size : 38,65 MB
Release : 2014-10-22
Category : Bankruptcy
ISBN : 9789210563994
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
Page : 273 pages
File Size : 13,79 MB
Release : 2017-08-21
Category : Law
ISBN : 9811058768
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 :
Page : 96 pages
File Size : 50,86 MB
Release : 2016
Category : Law
ISBN :
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 : United Nations Commission on International Trade Law
Publisher :
Page : 94 pages
File Size : 20,7 MB
Release : 1999
Category : Bankruptcy
ISBN : 9789211336085
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 : Terence C. Halliday
Publisher : Cambridge University Press
Page : 559 pages
File Size : 22,79 MB
Release : 2015-01-19
Category : Business & Economics
ISBN : 1107069920
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 : Chan Ho Look
Publisher :
Page : 425 pages
File Size : 25,68 MB
Release : 2009
Category : Arbitration and award, International
ISBN : 9781905783243
Written by specialists from each jurisdiction, this new edition provides an in-depth, article-by-article analysis of the local enactment and application of the model law in each of the jurisdictions concerned, alongside consideration of the relationship between the model law and any existing cross-border insolvency jurisprudence. Each chapter adopts the same format for ease of reference, addressing key concepts such as the centre of main interests, court-to-court communication, enforcement of security interests and the protection of debtors and creditors.
Author : Gary F. Bell
Publisher : Cambridge University Press
Page : 461 pages
File Size : 26,24 MB
Release : 2018-10-04
Category : Language Arts & Disciplines
ISBN : 1107183979
Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Author : International Monetary Fund
Publisher : International Monetary Fund
Page : 108 pages
File Size : 28,80 MB
Release : 1999-08-02
Category : Business & Economics
ISBN : 9781557758200
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.
Author : Bob Wessels
Publisher : Kluwer Law International B.V.
Page : 988 pages
File Size : 49,96 MB
Release : 2015-09-24
Category : Law
ISBN : 9041159959
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 : Thomas Kadner Graziano
Publisher : Edward Elgar Publishing
Page : 1159 pages
File Size : 18,83 MB
Release : 2019
Category : Law
ISBN : 1788975650
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
