Cross-Border Insolvency: Law and Practice

This new work provides an in-depth commentary on English cross-border insolvency law, covering all the different regimes using a comparative approach. It offers practitioners and policy makers a comprehensive research resource, exploring the strengths and weaknesses of each regime and discussing how the law might evolve in future. Its detailed analysis covers the EU Insolvency Regulation, Insolvency Act 1986, UNCITRAL Model Law on Cross- Border Insolvency, Foreign Judgments (Reciprocal Enforcement) Act 1933, regimes applicable to regulated entities (financial institutions), and common law.

• Provides a rigorous evaluation of the different regimes for handling crossborder default under English law
• Helps clarify the similarities and differences
• Covers both general English cross-border insolvency law and the specialised regimes applicable to regulated entities
• Looks at the jurisdiction of the English court to commence insolvency proceedings
• Examines recognition and enforcement by the English court
• Considers the reliefs that may be obtained from the English court
• Offers recommendations for how the law should change
• Includes all applicable English and foreign case-law, in particular, EU, US and other common law jurisdictions