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Books on the topic 'Cross-border insolvency'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

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1

Cross-border insolvency. London: Butterworths, 1991.

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2

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

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3

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

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4

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

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5

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

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6

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

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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.

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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.

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9

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

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10

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

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11

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. Deventer: Kluwer, 2004.

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12

Clark, Leif M. Ancillary and other cross-border insolvency cases under Chapter 15 of the bankruptcy code. Edited by Glosband Daniel M. Newark, NJ: LexisNexis Matthew Bender, 2008.

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13

Commission, South African Law. Interim report on review of the law of insolvency: The enactment in South Africa of UNCITRAL's Model Law on Cross-Border Insolvency. [Pretoria: The Commission, 1999.

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14

International Congress of Comparative Law (13th 1990 Montréal, Québec). Cross-border insolvency : national and comparative studies : reports delivered at the XIII International Congress of Comparative Law, Montreal, 1990. Tübingen: J.C.B. Mohr, 1990.

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15

Israël, Jona. European cross-border insolvency regulation: A study of regulation 1346/2000 on insolvency proceedings in the light of a paradigm of co-operation and a Comitas Europaea. Antwerpen: Intersentia, 2005.

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16

Carrington, P., Paul Volken, and Ulrich Drobnig. Cross-Border Insolvency. Springer, 1994.

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17

Allen & Overy. European Cross Border Insolvency. Sweet & Maxwell, 2004.

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18

Smart, Philip S. Smart: Cross-Border Insolvency. 2nd ed. Lexis Law Publishing (Va), 1997.

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19

Israel, Jona. European Cross-Border Insolvency Regulation. Intersentia Publishers, 2005.

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20

G, Bridge M., and Stevens Robert, eds. Cross-border security and insolvency. Oxford [England]: Oxford University Press, 2001.

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21

European Cross-Border Insolvency Law. Oxford University Press, 2016.

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22

Bork, Reinhard, and Renato Mangano. European Cross-Border Insolvency Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198729099.001.0001.

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This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency. The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts. The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that.

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23

Mevorach, Irit. The Future of Cross-Border Insolvency. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.001.0001.

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This book interrogates the current cross-border insolvency regime and sets out a pattern to improve its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing effective solutions for managing the insolvency of multinational enterprises and financial institutions. This book takes stock of the varying success of previous policy, and identifies the gaps and biases that could be bridged by employing a range of strategies. The book first sets out the theoretical debates regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method, ‘modified universalism’, synthesizing divergences into a rubric for both commercial entities and financial institutions. Adhering to these norms more robustly, the book argues, would enhance global welfare and produce the best outcomes for businesses and institutions. Drawing upon sources from international law as well as behavioural and economic theory, the book considers how to translate modified universalism into binding international law, how to choose the right instrument for cross-border insolvency, the impact instrument design has on decisions and choices, and the means to encourage compliance. In particular, the book proposes measures that could potentially overcome, or at least take into account, behavioural biases in decision-making in order to create a system that works for businesses, and offers a blueprint for the future of cross-border insolvency.

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24

(Editor), Michael Bridge, and Robert Stevens (Editor), eds. Cross-border Security & Insolvency (Oxford Law Colloquium). Oxford University Press, USA, 2001.

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25

Bruce, Leonard E., Besant Christopher W, and International Bar Association, eds. Current issues in cross-border insolvency andreorganisations. London: Graham & Trotman and International Bar Association, 1994.

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26

Cross Border Insolvency Law: International Instruments Commentary. Kluwer Law International, 2007.

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27

Leonard, Elmore. Current Issues in Cross-Border Insolvency and Reorganizations. Springer, 1994.

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28

Bruce, Leonard E., and Besant Christopher W, eds. Current issues in cross-border insolvency and reorganisations. London: Graham & Trotman, 1994.

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29

B, Wessels, ed. Cross-border insolvency law: International instruments and commentary. Alphen aan den Rijn: Kluwer Law International, 2007.

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30

Sarah, Paterson, and Zakrzewski Rafal. Part B Conflict of Laws and Cross-Border Issues, 5 Cross-border Insolvencies. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198725251.003.0005.

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31

Mevorach, Irit. The Debiasing Role of the Cross-Border Insolvency System. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.003.0002.

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This chapter explores what the reasons for deviating from modified universalism in practice may be. To do so, it draws on behavioural international law and economics. The chapter argues that certain decision-making biases may play a role in cross-border insolvency and can explain both negative inclinations and instances of lack of cooperation, as well as the relative success of modified universalism. The key argument here is that instead of yielding to territorial inclinations, cross-border insolvency law has a debiasing role to play. It should attempt to align choices with optimal solutions, overcoming biases, and should also close gaps in the cross-border insolvency system in line with modified universalism.

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32

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part IV Transnational Insolvency, 17 Harmonization and Co-Operation in Cross-Border Insolvency. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0018.

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This chapter is devoted to cross-border principles. It begins with an examination of two sets of opposing principles: unity of proceedings versus plurality and universality or territoriality in the administration of the debtor's assets in insolvency. This is followed by an examination of two major instruments: the widely adopted 1997 UNCITRAL Model Law on Cross-Border Insolvency and the EU Insolvency Regulation (recast), approved in 2015 and incorporating numerous significant changes to the former EC Regulation. The Model Law is concerned with recognition of foreign insolvency proceedings, carrying with it an automatic stay of local proceedings, and the status of foreign administrators and duties of co-operation with foreign courts and foreign administrators. The EU Insolvency Regulation (recast) is primarily a conflict of laws regulation governing jurisdiction and the law applicable to insolvency matters.

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33

Gonzalez-Perez, Maria-Alejandra, Miguel M. Torres, and Virginia Cathro. Dead Firms: Causes and Effects of Cross-Border Corporate Insolvency. Emerald Publishing Limited, 2016.

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34

Fletcher, Ian F. Cross-border Insolvency: Comparative Dimensions (United Kingdom Comparative Law Series). Uknccl, 1990.

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35

Mevorach, Irit. Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps. Oxford University Press, 2018.

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36

Torres, Miguel M., Virginia Cathro, and Maria Alejandra Gonzalez-perez, eds. Dead Firms: Causes and Effects of Cross-border Corporate Insolvency. Emerald Group Publishing Limited, 2016. http://dx.doi.org/10.1108/s1877-6361201615.

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37

Francisco, Garcimartín. Part III Europe, 14 Derivatives in Cross-Border Insolvency Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0014.

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This chapter defines derivatives as a starting point and looks at how they work. Traditionally, they have enjoyed privileged status in an insolvency scenario, both at the substantive-law level and at the conflict-of-laws level. The chapter describes how the new resolution framework has reduced that privileged status and ‘re-routed’ those financial agreements to general principles of insolvency law, in particular as regards the ‘ipso facto clause’ and other termination rights, and explains its reasons. This raises the question of whether that privileged status must be kept and the resolution scenario must be qualified as an exception to it, or conversely whether this is just a first step to reconsidering the whole approach.

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38

Kawano, Masanori, and Rolf Stürner, eds. Cross-Border Insolvency, Intellectual Property Litigation, Arbitration and Ordre Public. Mohr Siebeck, 2021. http://dx.doi.org/10.1628/978-3-16-160730-1.

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39

Cooper, Neil H., and Rebecca E. Jarvis. Recognition & Enforcement of Cross-Border Insolvency : A Guide to International Practice. John Wiley & Sons Inc, 1996.

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40

United Nations Commission on International Trade Law, ed. UNCITRAL model law on cross-border insolvency, with guide to enactment. New York: United Nations, 1999.

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41

F, Fletcher Ian, and United Kingdom National Committee of Comparative Law., eds. Cross-border insolvency: Comparative dimensions : the Aberystwyth insolvency papers : United Kingdom National Committee of Comparative Law. London: UKNCCL, 1990.

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42

Hannan, Neil. Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law. Springer, 2017.

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43

Ho, Look Chan. Cross Border Insolvency: A Commentary on the UNCITRAL Model Law, Fourth Edition. Globe Law and Business Limited, 2017.

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44

Hannan, Neil. Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law. Springer, 2017.

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45

Hannan, Neil. Cross-Border Insolvency: The Enactment and Interpretation of the UNCITRAL Model Law. Springer, 2018.

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46

Act of Sederunt Sheriff Court Company Insolvency Rules 1986 Amendment Unicitral Model Law on Cross-border Insolvency 2006. Stationery Office, 2006.

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47

Göretzlehner, Erik. Maritime Cross-Border Insolvency: An Analysis for Germany, England & Wales and the USA. Springer, 2019.

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48

UNCITRAL model law on cross-border insolvency with guide to enactment and interpretation. United Nations, 2014. http://dx.doi.org/10.18356/e88888f9-en.

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49

Henri, Wagner. 20 Luxembourg. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0020.

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This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.

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50

Xu, Jingchen. Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime: Commonwealth and US Perspectives. Bloomsbury Publishing Plc, 2020.

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