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Books on the topic 'UNCITRAL Model Law on Cross-border Insolvency'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 January 2023

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1

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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2

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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3

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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4

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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5

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Taylor & Francis Group, 2017.

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6

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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7

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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8

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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9

Athanassiou, Lia. Maritime Cross-Border Insolvency: Under the European Insolvency Regulation and the UNCITRAL Model Law. Informa Law, 2017.

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10

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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11

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

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12

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

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13

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

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14

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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15

Rodrigo, Olivares-Caminal, Douglas John, Guynn Randall, Kornberg Alan, Paterson Sarah, and Singh Dalvinder. Part I Corporate Debt Restructuring, 4 The UNCITRAL Model Law on Cross-Border Insolvency. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198725244.003.0004.

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This chapter begins by introducing the Model Law on Cross-Border Insolvency (‘the Model Law’), which was adopted by the UN Commission on International Trade Law (UNCITRAL) in May 1997 and approved formally in December. Its purpose originally was to provide a template for use by countries seeking to put into place a cross-border insolvency regime, or strengthen one already in existence. This chapter looks at how the US and UK, despite seemingly seeking to adopt the same Model Law, in reality have very different conceptions of how it is to work in practice. The chapter starts with a brief examination of the objectives and scope of the Model Law, before analysing in more detail key aspects of the US and English versions and the reasons why there appears to be a growing divergence in the way in which the Model Law is applied in practice.

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16

Xu, Jingchen. Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime: Commonwealth and US Perspectives. Bloomsbury Publishing Plc, 2022.

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17

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

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18

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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19

Scotland. Act of Sederunt (Sheriff Court Bankruptcy Rules 1996) Amendment (UNCITRAL Model Law on Cross-Border Insolvency) 2006. Stationery Office, The, 2006.

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20

Scotland. Act of Sederunt (Rules of the Court of Session Amendment No. 2) (UNCITRAL Model Law on Cross-Border Insolvency) 2006. Stationery Office, The, 2006.

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21

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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22

Roy, Goode, Kronke Herbert, and McKendrick Ewan. Transnational Commercial Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.001.0001.

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This work focuses on the products and processes of the harmonisation of the law relating to international commercial transactions. After examining the nature and sources of transnational commercial law, the institutions involved and aspects of the conflict of laws, international law and comparative law, the book examines key features of a range of international instruments(international conventions, model laws, contractually incorporated institutional rules and scholarly restatements) relating to different types of cross-border commercial transaction. It concludes with chapters on transnational insolvency, international dispute resolution and recurrent issues of harmonisation. The issues are illustrated with extracts from the work of leading scholars, past and present, and from judicial decisions. This edition has been revised and incorporates four additional chapters dealing with regional harmonisation, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law, including complex issues of treaty implementation. Other chapters deal with international sales, agency, documentary credits and demand guarantees, financial leasing, receivables financing and international interests in mobile equipment (aircraft objects, railway rolling stock, and space assets).

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23

Mevorach, Irit. Assessment of International Instruments. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.003.0006.

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This chapter assesses the key international instruments for cross-border insolvency, primarily the Model Law on Cross-Border Insolvency (the MLCBI), and the related cross-border aspects of insolvency addressed in the Insolvency Standard. It also tentatively analyses the developments of additional instruments regarding enterprise groups and the enforcement of insolvency-related judgments. It considers how the MLCBI and complementary instruments fit into the normative framework proposed in the book. It asks to what extent the instruments follow modified universalism norms, thus contributing to the crystallization and development of customary international law (CIL). It also assesses: the choice of instrument; whether there are any issues with the design of the instruments taking into account the bounds on decision-making; and whether the instruments support the required levels of targeted harmonization to incentivize compliance. This chapter also assesses the specific instruments and measures that attempt to address the cross-border insolvency of multinational financial institutions (MFIs), particularly the Key Attributes, supporting principles, and contractual solutions.

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24

Nicholas, Caroline, and Anna Caroline Müller. SME Participation in Government Procurement Markets. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198795650.003.0006.

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This chapter considers policy measures to increase the participation of SMEs in government procurement and their potential economic and social policy benefits. It considers the scale and importance of government procurement, and barriers to SME access to these markets. While some SME support policies are often considered to run counter to fundamental goals of government procurement (notably preference policies that may reduce competition and transparency), the chapter explains that many SME policies in fact support efficient and effective government procurement. It explores the synergies between such SME policies and measures designed to ensure cross-border access to government procurement markets. It considers relevant provisions in the WTO Agreement on Government Procurement and the UNCITRAL Model Law on Public Procurement, and concludes that their recent revisions to promote transparency and effectiveness in the pursuit of these policies are welcome, but that further work to ensure their effective application in practice is needed.

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25

Mevorach, Irit. Modified Universalism to Date. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.003.0001.

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This chapter depicts the current position of what is called ‘modified universalism’. It also synthesizes the different aspects of modified universalism into the set of emerging norms concerning jurisdiction, choice of law, recognition, assistance, and cooperation, accompanied by global duties and safeguards. Modified universalism has translated the theoretical model of universalism, where one law governs and one forum presides in cross-border insolvency cases, to concrete and more nuanced emerging norms that are fit for the real world and real business structures. It is, however, still held back where it is regarded as a trend and an interim solution in the context of an aspiration for pure universalism. Consequently, one of the challenges laid before the universalist approach, in its various forms, is that even though it is generally beneficial, it is not universally adopted.

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