Relevant bibliographies by topics / Cross-border insolvency

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Cross-border insolvency'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 April 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Cross-border insolvency.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Cross-border insolvency"

1

Kozyris, P. John. "Cross-Border Insolvency." American Journal of Comparative Law 38 (1990): 271. http://dx.doi.org/10.2307/840544.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Bos, Titia M. "Cross-Border Insolvency." Netherlands International Law Review 42, no. 01 (May 1995): 121. http://dx.doi.org/10.1017/s0165070x00003399.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Graham, David. "Cross-Border Insolvency." Current Legal Problems 42, no. 1 (1989): 217–29. http://dx.doi.org/10.1093/clp/42.1.217.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Singh, Dalvinder. "Cross-border bank insolvency." Journal of Banking Regulation 13, no. 1 (December 14, 2011): 86–88. http://dx.doi.org/10.1057/jbr.2011.23.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Kattadiyil, Binoy Joy, and Bakhtiyor Anvarovich Islamov. "CROSS-BORDER GROUP INSOLVENCY, A STUDY OF NORTEL CASE." Scientific Reports of Bukhara State University 5, no. 4 (April 30, 2021): 150–61. http://dx.doi.org/10.52297/2181-1466/2021/5/4/14.

Full text
Abstract:
Introduction. This Article is a detailed analysis of one of the most complex and landmark judgments in the area of cross border group insolvency. It traces the timeline of the insolvency of Nortel Plc. and the simultaneous proceedings in multiple jurisdictions. Introduction followed by Literature Review. Research methods are exploratory in nature, since the study has to explore a case of the simultaneous proceedings in multiple jurisdictions. Results and discussions. The Article discusses that there are two major methods for dealing with corporate groups undergoing insolvency, which are: Procedural Coordination and Substantive Consolidation. Under such mechanisms which little to no precedence in any jurisdiction, this case carved out its own path to arrive at the outcome of Pro-Rata Allocation. The case is significant for being heard at the same time in two courtrooms, one in Delaware and one in Ontario, that were linked in order to receive live evidence together. This Article discusses the importance and significance of having a cross border group insolvency regime in place. In the era of Globalisation, the integration of national economies into a global economic system has been one of the most important developments of the last century
APA, Harvard, Vancouver, ISO, and other styles
6

Ho, Look Chan. "Anti-Suit Injunctions in Cross-Border Insolvency: A Restatement." International and Comparative Law Quarterly 52, no. 3 (July 2003): 697–736. http://dx.doi.org/10.1093/iclq/52.3.697.

Full text
Abstract:
In its simplest form, a transnational insolvency involves an insolvency1 proceeding in one country, with creditors located in at least one additional country.2 In the most complex case, it involves multiple proceedings, subsidiaries, affiliated entities, assets, operations, and creditors in dozens of nations. Complex international insolvencies continue to proliferate alongside a burgeoning world-wide free market economy that entails the globalisation of commercial and financial markets.3
APA, Harvard, Vancouver, ISO, and other styles
7

Damardjati, Respati, Emmy Latifah, and Al Sentot Sudarwanto. "ANALISIS PEMBENTUKAN ASEAN CROSS BORDER INSOLVENCY REGULATION SEBAGAI SOLUSI PERMASALAHAN KEPAILITAN LINTAS BATAS DI ASEAN." Jurnal Privat Law 5, no. 1 (February 2, 2017): 106. http://dx.doi.org/10.20961/privat.v5i1.19368.

Full text
Abstract:
<p align="center"><strong><em>Abstract</em></strong><strong></strong></p><p><em>This paper purposes to analize the idea for establishing ASEAN cross border insolvency regulation as a solution of cross-border insolvency problem in ASEAN. It is a legal research viewed from descriptive analytic. The result of this paper indicates that the absence of uniformity or harmonization of insolvency law in ASEAN region will inflict some problems which are relating to the procedure of recognition and enforcement of a foreign insolvency. The regulation as a solution of cross-border insolvency in the ASEAN region is expected to become a facilitator for resolving problems and reducing uncertainty in cross-border insolvency cases. ASEAN Cross Border Insolvency Regulations in the form of a model law is the right solution to solve the problems of cross-border insolvency in the ASEAN region.</em></p><p><strong>Keyword (s) : ASEAN, ASEAN <em>Cross Border Insolvency Regulation, Cross Border Insolvency</em></strong></p><p align="center"><strong>Abstrak</strong></p><p>Artikel hukum ini bertujuan untuk menganalisis gagasan pembentukan ASEAN <em>cross border insolvency regulation</em> sebagai solusi permasalahan kepailitan lintas batas di ASEAN. Jenis penelitian hukum ini adalah penelitian hukum normatif yang bersifat deskriptif. Hasil penelitian ini menunjukkan bahwa tidak adanya keseragaman atau harmonisasi hukum kepailitan di kawasan ASEAN menimbulkan permasalahan yang berkaitan dengan prosedur pengakuan dan pelaksanaan putusan kepailitan asing. Kehadiran sebuah pengaturan hukum sebagai solusi dari permasalahan kepailitan lintas batas di kawasan ASEAN sangat diharapkan untuk dapat menjadi fasilitator dalam menyelesaikan permasalahan dan dapat mengurangi ketidakpastian dalam perkara kepailitan lintas batas. ASEAN <em>Cross Border Insolvency Regulation </em>berupa <em>model law </em>merupakan solusi yang tepat dalam menyelesaikan permasalahan kepailitan lintas batas di kawasan ASEAN.</p><p><strong>Kata Kunci : ASEAN <em>Cross Border Insolvency Regulation</em>, Kepailitan Lintas Batas </strong></p>
APA, Harvard, Vancouver, ISO, and other styles
8

Sproge, Daiga. "The Debtor’s Property Selling in the Cross-Border Insolvency Proceedings." Economics and Culture 13, no. 1 (June 1, 2016): 76–87. http://dx.doi.org/10.1515/jec-2016-0010.

Full text
Abstract:
Abstract The title of this research is “The debtor’s property selling in the cross-border insolvency proceedings”. The insolvency proceeding gets the cross-border status also in case, if a debtor is an owner of the property outside of the main interests’ centre, namely, in another country. Therefore, there are many problematic cases when insolvency administrator (also called insolvency practitioner) defines the real estate in this other country and has to make a decision concerning the methods of selling the real estate in accordance with the law of the Member State in which territory the insolvency proceedings have been started. At the same time, the administrator shall provide that the property is sold in particular with regard to procedures for the realization of assets defined in the legislation of that country, where such real estate has been located. The article’s aim is to give a view of the features of the sale of the property in the insolvency proceedings and to define the possible lack and improvements in the cross-border insolvency concerning the selling of a debtor’s property. The European Parliament and the Council of the European Union has adopted Regulation (EU) 2015/848 of 20 May 2015 on Insolvency proceedings, which shall apply from 26 June 2017, with some exceptions Despite the regulation of the cross-border insolvency has been improved, the procedure of the property disposal is still incomplete in the cross-border insolvency proceedings. Within the study the following research methods are applied: the analytical method, comparative method, sociological method and descriptive method. The predicted value of the research is theoretical and also practical. The research should be useful for the insolvency proceedings administrators, the companies and the banks, other experts involved in the cross-border insolvency proceedings, as well as for students to improve their theoretical knowledge about the cross-border insolvency.
APA, Harvard, Vancouver, ISO, and other styles
9

Mevorach, Irit, and Adrian Walters. "The Characterization of Pre-insolvency Proceedings in Private International Law." European Business Organization Law Review 21, no. 4 (February 26, 2020): 855–94. http://dx.doi.org/10.1007/s40804-020-00176-x.

Full text
Abstract:
AbstractThe decade since the financial crisis has witnessed a proliferation of various ‘light touch’ financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency and restructuring law, somewhere between a pure contractual workout, the domain of contract law, and a formal insolvency or rehabilitation proceeding, the domain of insolvency law. While, to date, international insolvency instruments have tended to define insolvency proceedings quite expansively, discussion of the cross-border implications of pre-insolvency proceedings has barely begun. The question is whether pre-insolvency proceedings should qualify as proceedings related to insolvency for the purpose of private international law characterization. The risk is over-inclusivity of cross-border insolvency law, which, where it is based on universality and unity, might defeat contractual expectations. This article argues, however, that we should be slow to exclude pre-insolvency proceedings from cross-border insolvency law: these proceedings are initiated in the zone of insolvency, their effectiveness depends on a statutory mandate and not purely on private ordering, they interact and intersect with formal proceedings, and can benefit from the unique system developed by cross-border insolvency law. We suggest, though, that modified universalism (the leading norm of cross-border insolvency) and international insolvency instruments, should, and are able to, adjust to the peculiarities of pre-insolvency proceedings to address concerns about inclusivity and accommodate pre-insolvency proceedings adequately.
APA, Harvard, Vancouver, ISO, and other styles
10

Wee, Meng Seng. "The Belt and Road Initiative, China’s Cross-Border Insolvency Law, and the UNCITRAL Model Law on Cross-Border Insolvency." Chinese Journal of Comparative Law 8, no. 1 (June 1, 2020): 116–42. http://dx.doi.org/10.1093/cjcl/cxaa012.

Full text
Abstract:
Abstract By examining the special features of cross-border insolvency affecting the Belt and Road Initiative (BRI), this article explains that it is crucial for China to ensure that its cross-border insolvency law is fit for the purposes of the BRI. The current law is unsatisfactory, as may be seen in Hanjin Shipping’s decision not to seek recognition of its Korean restructuring proceeding in China. China wants to cooperate more in cross-border insolvency, but it is concerned that recognizing foreign insolvency proceedings will prejudice China’s interests. This article explains that the logic and limits of the United Nations Commission on International Trade Law’s Model Law on Cross-Border Insolvency is enlightened self-interest, which leads to recognition being very limited and distinguished from relief and relief being based on domestic law. Thus, it argues that the adoption of the Model Law will not prejudice China’s interests.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Cross-border insolvency"

1

Weyulu, Victoria. "The Reform of Namibia’s Cross-Border Insolvency Framework." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4773.

Full text
Abstract:
Magister Legum - LLM
This paper argues that there is a need for an improved cross-border insolvency regime as the common law principles applied in Namibia are outdated and thus ill-equipped to deal with present-day complex issues of cross-border insolvency. The lack of literature on issues of crossborder insolvency belies the importance of cross-border insolvency in African developing countries like Namibia who seek to encourage trade and investment in the hope of achieving economic development. In the final section of chapter one, the paper will consider the Model Law as the basis needed to develop clear, fair and predictable rules to effectively deal with the various aspects of cross-border insolvencies in Namibia.
APA, Harvard, Vancouver, ISO, and other styles
2

Wang, Bingdao. "Cross-border insolvency law in China and Hong Kong : a critical analysis based on the UNCITRAL model law on cross-border insolvency." Thesis, University of Leeds, 2018. http://etheses.whiterose.ac.uk/21370/.

Full text
Abstract:
This thesis discusses what features and advantages of the Model Law regime that Chinese law could learn to improve the Chinese cross-border insolvency system at both international and regional levels. Cross-border insolvency is one inevitable consequence of the globalisation of business activity. For solving transnational insolvencies, there is a clash of competing national laws on issues, including the recognition of foreign claims, the process related to the distribution of assets, and different policy preferences for protecting different groups of creditors. The ongoing trend of harmonising cross-border insolvency laws has been actively promoted by the UNCITRAL Model Law on Cross-Border Insolvency. The Model Law was developed based on the principle of modified universalism, and its soft law nature aims to assist national insolvency laws and facilitate recognition of foreign proceedings. Although the interpretation of the law in enacting countries can be different, the thesis concludes that the Model Law can interconnect individual insolvency proceedings in an orderly and effective manner through its main features such as the centre of main interests (COMI) and cooperation and communication. Cross-border insolvency rules in China are conservative, and the only relevant article (article 5 EBL 2006) sets the basic recognition rules, which have a restrictive application, based on the principle of reciprocity and bilateral agreements. However, after reviewing relevant Chinese laws for dealing with international matters, the thesis finds that there are legal concepts under the Chinese commercial law system sharing similarities with the Model Law system, which provide legal potential for China to adopt a modified universalism approach, and this study also argues that adopting COMI could be a good start to improving Chinese international insolvency law. As China includes various jurisdictions, this research also focuses on Hong Kong because of its legal and financial significance. Although Hong Kong has not developed statutory international insolvency law, there is a flexible common law approach, which can achieve similar results as the Model Law system. The interregional insolvency within China is a dilemma between treating cases from other regions (such as Hong Kong) as foreign matters and politically highlighting such matters as national matters. This thesis argues that the close political and economic connections between the mainland and Hong Kong require an effective interregional insolvency recognition regime and transplanting the Model Law regime into a regional context, applying a COMI-based recognition approach, could be a workable system.
APA, Harvard, Vancouver, ISO, and other styles
3

Veder, Paul Michael. "Cross-border insolvency proceedings and security rights : a comparison of Dutch and German law, the EC insolvency regulation and the UNCITRAL model law on cross-border insolvency /." Utrecht : Kluwer legal publ, 2004. http://catalogue.bnf.fr/ark:/12148/cb41063898b.

Full text
Abstract:
Texte remanié de: Proefschrift--Radboud Universiteit Nijmegen, 2004.
EC = European communauty, UNCITRAL = United Nations. Commission on international trade law. Résumé en néerlandais. Bibliogr. p. 449-468.
APA, Harvard, Vancouver, ISO, and other styles
4

El, Borai Rami. "Cross-border corporate insolvency : a modest proposal for an enhanced international approach." Thesis, Queen Mary, University of London, 2006. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1882.

Full text
Abstract:
The ongoing process of globalisation has witnessed an increase in cross-border corporate insolvencies involving multinational enterprises (MNEs). Yet, national insolvency laws have proven themselves ill-equipped to handle such matters in an international setting. Responsible policy-makers and academics argue for the creation of a viable international insolvency approach. This debate has revolved around an "either-or" spectrum of (1) the theory of "Universality" that proposes a single court charged with implementing a single bankruptcy law to worldwide claimants, and (2) the theory of "Territoriality" that asserts each jurisdiction can only adjudicate the debtor's insolvency on a territorial basis and distribute local assets to local claimants. But, this debate yet has yielded no practical solution. This thesis suggests that these two theories are not mutually exclusive, and both may be utilized in developing a pragmatic and "better" international insolvency framework. To date, there has been one non-binding international instrument based on moderate choice of forum/law provisions: the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law). Although the Model Law has significant merits, it falls short of the broader expectations minimally acceptable international insolvency system should fulfill. In addition, the regional European Union Council Regulation on Insolvency Proceedings (the Regulation) has recently been enacted. This thesis will argue that, while recognizing the special sui generic nature of the EU framework, important lessons can be learned from this Regulation, and when combined with certain elements from a revamped Model Law approach, a "better" international insolvency framework may be found. The concluding observations of this thesis will touch upon a range of existing international vehicles that may be complementary or alternative vehicles to channel interim reforms. Unless otherwise expressly indicated, this thesis speaks as of 1 January 2006.
APA, Harvard, Vancouver, ISO, and other styles
5

Almaskari, Bader Juma. "Towards legal certainty : European cross-border insolvency law and multinational corporate groups." Thesis, University of Leicester, 2017. http://hdl.handle.net/2381/39163.

Full text
Abstract:
The proliferation of multinational company groups in global trade brings new challenges to cross-border insolvency and subjects creditors to an excessive amount of legal uncertainty, which may put them at a disadvantage. This Thesis examines the extent to which European insolvency regulations, namely, the European Insolvency Regulation 2000 (EIR 2000) and the Recast European Insolvency Regulation 2015 (New Recast EIR 2015) enhance legal certainty and reduce the opportunity for abusive forum shopping, to the benefit of creditors in cross-border insolvency cases of multinational company groups. This Thesis provides an original approach to analysing this problem by first examining the issue from a company law perspective and a conflict of laws perspective. The Thesis then critically examines the EIR 2000 and demonstrates that the notion of the Centre of Main Interest (COMI) on its own is not capable of providing a satisfactory solution to the problem of the lack of legal certainty, especially as the regulation and the jurisprudence of the courts do not greatly help in adding more certainty to the meaning of the COMI. This is followed by examining proposals for enhancing legal certainty outside the EIR 2000, before critically examining the New Recast EIR 2015 by analysing the new provisions on secondary proceedings, the clarifications of the notion of the COMI, and the new chapter on groups. The Thesis concludes by acknowledging that the New Recast EIR 2015 has filled many of the gaps of the EIR 2000 and contributed to enhancing legal certainty in the cross-border insolvency of Multinational Corporate Groups (MCGs) for the benefit of creditors, but there is still room for improvement, especially as many of the tools found in the New Recast EIR 2015 are voluntary in nature. The concluding chapter ends by identifying new areas of potential research in this field.
APA, Harvard, Vancouver, ISO, and other styles
6

Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.

Full text
Abstract:
Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument choice in determining the level of global harmonization attained, and reviews recent projects of harmonization. This is followed by a close comparative analysis of the extent of compliance of the provisions of Bill C-55 with the Model Law, an analysis that demonstrates the shortcomings of model laws and, somewhat paradoxically, their important role and function in eventually bringing about global legal harmonization.
APA, Harvard, Vancouver, ISO, and other styles
7

Fourie, Etienne Gerhard. "'n Vergelyking van die oorgrens-insolvensiewetgewing van Suid-Afrika met die van die Verenigde State van Amerika / Etienne Gerhard Fourie." Thesis, North-West University, 2012. http://hdl.handle.net/10394/8696.

Full text
Abstract:
Due to economic globalisation and integration, as well as the global economic downturn since 2008, the appearance of cross-border insolvencies have increased dramatically. This increase in cross-border insolvencies has led to a demand for a general and fair system to administer cross-border insolvencies globally. In 1997 United Nations Commission on International Trade Law (UNCITRAL) promulgated the Model Law on Cross-Border Insolvency to act as an aide to countries in globally administering cross-border insolvencies in a uniform way. South Africa, and the United States of America (USA), subsequently accepted this Model Law approach into their respective national legislation. South Africa did this through the Cross-Border Insolvency Act 42 of 2000 (CBIA) and the USA by way of Chapter 15 of the United States Bankruptcy Code. The CBIA is, however, not currently in operation as the Minister of Justice has not yet designated countries to which the CBIA will apply. Chapter 15 is, however, effective and operational in the USA. The two theories that underlie cross-border insolvencies – universalism and territorialism – have been further refined in the theories of modern universalism and modern territorialism. Supporters of modern universalism hailed the acceptance of the Model Law into the national legislation of countries as a victory over modern territorialism as the characteristics of modern universalism can be found throughout the Model Law. Modern universalism is, however, seen as theory which endangers the interests of local creditors as it favours universal administration of assets. However, modern territorialism is, on the other hand, acknowledged to protect the interests of local creditors. Therefore an investigation into the application of Chapter 15 by the courts of the USA will indicate if the interests of local creditors are sufficiently protected under this so-called modern universalistic approach and, if indeed so, how this is achieved. As the CBIA is neither operational nor effective in South Africa, cross-border insolvencies are governed by the common law and the precedents set down in case law. Writers and case law indicate that South Africa uses a system that can be described as between pure territorialism and modern territorialism. It can therefore be accepted that South Africa currently protects the interests of its local creditors sufficiently. The question then arises if, when South Africa made the CBIA effective and operational, would local creditors‟ interests still be sufficiently protected? As the CBIA and Chapter 15 are both based on the Model Law, they are basically identical in most aspects. Therefore an investigation into the application of Chapter 15 will also indicate if the CBIA will sufficiently protect the interests of local creditors. This dissertation thus attempts, through an investigation of the applications lodged under Chapter 15, to indicate that the USA still succeeds in protecting the interests of its local creditors. The USA achieves this through utilising mechanisms made available through Chapter 15 itself. Consequently this dissertation shows that South Africa can make the CBIA operational, while still sufficiently protecting the interests of its local creditors.
Thesis (LLM (Import and Export Law))--North-West University, Potchefstroom Campus, 2013
APA, Harvard, Vancouver, ISO, and other styles
8

Ras, Clinton. "The future of Cross-Border Insolvency Act 42 of 2000 in view of developments elsewhere." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46100.

Full text
Abstract:
My research project explores the future of the Cross-Border Insolvency Act 42 of 2000 in view of developments relating to cross-border insolvency regimes elsewhere. The continuing development of International trade and investment gave rise to the escalation in the amount of multinational enterprises that have debt, own assets and conduct business in numerous jurisdictions around the globe. The increase of cross-border insolvency as a global economic problem, gave rise for the need of a general equitable system to administer cross-border insolvency universally. The Model law on Cross-Border Insolvency was promulgated by the United Nations Commission on International Trade Law (UNCITRAL) in 1997. The purpose of the UNCITRAL Model Law on Cross-Border Insolvency is to assist states to equip their insolvency laws with a modern, harmonised and fair framework to address instances of cross-border insolvency more effectively.South Africa adopted the UNCITRAL Model Law on Cross-Border Insolvency by way of the Cross-Border Insolvency Act 42 of 2000. However the Cross-Border Insolvency act is not effectively operative. One of the main reasons why the act hasn’t become fully operative yet is because of the fact that the Act introduced a reciprocity clause. In my Research project I will address the issues caused by cross-border insolvency. I will discuss the common law position relating to cross-border insolvency in South Africa. I will furthermore indicate why the Cross-border Insolvency Act 42 of 2000 is not effectively operative in South Africa. Lastly I will compare the Cross-border Insolvency dispensation in South Africa to that of the United States of America, the United Kingdom and Australia.
Mini Dissertation (LLM)--University of Pretoria, 2014.
tm2015
Procedural Law
LLM
Unrestricted
APA, Harvard, Vancouver, ISO, and other styles
9

Weideman, Jeanette. "European and American perspectives on the choice of law regarding cross–border insolvencies of multinational corporations / Weideman J." Thesis, North-West University, 2011. http://hdl.handle.net/10394/6956.

Full text
Abstract:
An increase in economic globalisation and international trade the past two decades has amounted to an increase in the number of multinational enterprises that conduct business, own assets and have debt in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross–border insolvency (CBI). CBI refers to the situation where insolvency proceedings are initiated in one jurisdiction with regard to a debtor’s estate and the debtor also has property, debt or both in at least one other jurisdiction. When a multinational enterprise is in financial distress, the structure of such an enterprise poses significant challenges to the question of how to address its insolvency. This is due to the fact that, although the multinational enterprise is found globally in different jurisdictions around the world, the laws addressing its liquidation are local. The possibility of restructuring the multinational enterprise or liquidating it in order the satisfy creditor claims optimally depends greatly upon the ease with which the insolvency law regimes of multiple jurisdictions can facilitate a fair and timely resolution to the financial distress of that multinational enterprise. The legal response to this problem has produced two important international instruments which were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross–Border Insolvency in 1997, which has been adopted by nineteen countries including the United States of America (in the form of Chapter 15 of the US Bankruptcy Code) and South Africa (in the form of the Cross–Border Insolvency Act 42 of 2000). Secondly, the European Union adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. These two instruments address the management of general default by a debtor and are aimed at providing a legal framework which seeks to enhance legal certainty, cooperation, coordination and harmonization between states in CBI matters throughout the world. After discussing the viewpoints of various writers, it seems clear that “modified universalism” is the correct approach towards CBI matters globally. This is mainly due to the fact that the main international instruments currently dealing with CBI matters are all based upon “modified universalism”. By looking at various EU and US case law it is also evident that, although there is currently still no established test for the determination of the “centre of main interest” (COMI) of a debtor–company under Chapter 15, there is a difference in the approach adopted by courts in the EU and those in the US in this regard. This dissertation further discusses the requirements for a debtor–company to possess an “establishment” for the purpose of opening foreign non–main insolvency proceedings in a jurisdiction as well as the choice–of–law considerations in CBI matters.
Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.
APA, Harvard, Vancouver, ISO, and other styles
10

Zhang, Daoning. "Multinational corporate groups rescue in the EU : theories, solutions and recommendations." Thesis, University of Manchester, 2017. https://www.research.manchester.ac.uk/portal/en/theses/multinational-corporate-groups-rescue-in-the-eutheories-solutions-and-recommendations(51336f27-85ad-4102-8d65-dae126b11dc4).html.

Full text
Abstract:
This thesis is a study on solutions for cross-border insolvency of multinational corporate groups, with particular reference to the EU Regulation on insolvency proceedings recast 2015 (EIR Recast). Multinational corporate groups are important players in the modern business world; how to treat them in cross-border insolvency context has been hotly debated. The main issue is how to preserve the value of the group under circumstances where member companies in the same group are in more than one country and subject to more than one set of insolvency law. The existing solutions include substantive consolidation, procedural consolidation proposed by cross-border insolvency law scholars, market/hybrid legal solutions aiming to avoid group-wide insolvency, and the EIR recast which unprecedentedly provides 'group coordination proceedings' to respond to this issue as a procedural cooperation framework. All these solutions will be examined in this thesis in the light of insolvency law/cross-border insolvency law theories and multinational enterprises theories. The aim of this thesis is to examine the existing solutions for cross-border insolvency of multinational corporate groups on the basis of a combination of insolvency law/cross-border insolvency law theories and multinational enterprises theories. The thesis starts from theoretical grounds of corporate rescue and argues that preservation of going concern value and respecting entity law are the goals of corporate rescue law. It further considers theories regarding multinational enterprises and its implications on developing cross-border insolvency solutions for multinational corporate groups. With an understanding of relevant theories, the thesis examines the procedural consolidation solution which focuses on insolvency jurisdictional rules. The result is that procedural consolidation may not be in line with the reality of how the groups are operated and may not provide certainty to the creditors and market. The thesis moves on to examine the market/hybrid legal solutions which purport to be able to avoid group-wide cross-border insolvency. It shows certain merits of these solutions and also reveals the limitations and uncertainty of them. Finally, it argues that a general insolvency cooperation framework- the new group coordination proceedings- is desirable to work as an alternative to the above-mentioned solutions with improved certainty. The thesis tries to improve the utility of the proceedings by providing a recommendation to one of their main weaknesses-the opt-out mechanism.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Books on the topic "Cross-border insolvency"

1

Cross-border insolvency. London: Butterworths, 1991.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

J, Smart Philip St. Cross-border insolvency. 2nd ed. London: Butterworths, 1998.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

Hannan, Neil Francis. Cross-Border Insolvency. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Cross-border insolvency. Haywards Heath, West Sussex: Bloomsbury Professional, 2015.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Cross-border bank insolvency. Oxford: Oxford University Press, 2011.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Göretzlehner, Erik. Maritime Cross-Border Insolvency. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-11793-1.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Athanassiou, Lia. Maritime Cross-Border Insolvency. Abingdon, Oxon [UK] ; New York: Routledge, 2017. | Series: Maritime and transport law library: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315182254.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

New Zealand. Law Commission. Cross-border insolvency: Should New Zealand adopt the UNCITRAL model law on cross-border insolvency? Wellington, N.Z: The Commission, 1999.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Wessels, B. Cross-border insolvency law: International instruments and commentary. Alphen aan den Rijn, the Netherlands: Kluwer Law International, 2015.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

International arbitration and cross-border insolvency: Comparative perspectives. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2014.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Cross-border insolvency"

1

Hannan, Neil. "Introduction." In Cross-Border Insolvency, 1–4. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_1.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Hannan, Neil. "Comparative Analysis of the Enactment and Interpretation of Chapter V of the Model Law on Cross-Border Insolvency—Concurrent Proceedings." In Cross-Border Insolvency, 159–66. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_10.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Hannan, Neil. "Conflict of Laws." In Cross-Border Insolvency, 167–205. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_11.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Hannan, Neil. "Present Issues with Concepts of Centre of Main Interest and Establishment." In Cross-Border Insolvency, 207–11. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_12.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

Hannan, Neil. "Applicability of Rules of Private International Law." In Cross-Border Insolvency, 213–25. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_13.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Hannan, Neil. "Interrelationship Between the Model Law and the EC Regulation." In Cross-Border Insolvency, 227–36. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_14.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Hannan, Neil. "Current Proposals Which May Affect the Model Law." In Cross-Border Insolvency, 237–44. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_15.

Full text
APA, Harvard, Vancouver, ISO, and other styles
8

Hannan, Neil. "Conclusions." In Cross-Border Insolvency, 245–51. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_16.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

Hannan, Neil. "Development of the Model Law." In Cross-Border Insolvency, 5–14. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_2.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

Hannan, Neil. "Manner of Introduction of the Model Law." In Cross-Border Insolvency, 15–21. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5876-9_3.

Full text
APA, Harvard, Vancouver, ISO, and other styles

Conference papers on the topic "Cross-border insolvency"

1

Rassokhina, Anna Sergeevna. "Cross-border insolvency: regulation models." In XII International Student Scientific and Practical Conference. TSNS Interaktiv Plus, 2017. http://dx.doi.org/10.21661/r-115702.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Kholodenko, Yu V., and S. S. Berdnikov. "The legal nature of utility payments in the insolvency (bankruptcy) procedures of debtors in the cross-border regions." In Proceedings of the International Conference on Sustainable Development of Cross-Border Regions: Economic, Social and Security Challenges (ICSDCBR 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icsdcbr-19.2019.93.

Full text
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Cross-border insolvency' for particular source types:
Journal articles Dissertations / Theses Books
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography