United States International Insolvency Law
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Author | : Elina Moustaira |
Publisher | : Springer |
Total Pages | : 160 |
Release | : 2018-12-31 |
Genre | : Law |
ISBN | : 3030044505 |
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.
Author | : Professor Paul Omar |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 488 |
Release | : 2013-02-28 |
Genre | : Law |
ISBN | : 1409496058 |
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.
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Total Pages | : |
Release | : 2009 |
Genre | : |
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Author | : Reinhard Bork |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Bankruptcy |
ISBN | : 9781780684307 |
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.
Author | : International Monetary Fund |
Publisher | : International Monetary Fund |
Total Pages | : 108 |
Release | : 1999-08-02 |
Genre | : 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 | : Oxford University Press |
Total Pages | : 285 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0195340175 |
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.
Author | : Simon Vorburger |
Publisher | : Kluwer Law International |
Total Pages | : 328 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9789041154194 |
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.
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Publisher | : |
Total Pages | : 118 |
Release | : 2014-10-22 |
Genre | : 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 | : Vanessa Finch |
Publisher | : Cambridge University Press |
Total Pages | : 662 |
Release | : 2002-09-12 |
Genre | : Business & Economics |
ISBN | : 9780521626859 |
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Author | : Chan Ho Look |
Publisher | : |
Total Pages | : 425 |
Release | : 2009 |
Genre | : 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.