Cross-Border Insolvency Law: International Instruments and Commentary, 2nd Edition

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Cross-Border Insolvency Law: International Instruments and Commentary, 2nd Edition

By Bob Wessels
Kluwer Law International October 2015

Specifications

ISBN-13
9789041159878
Publisher
Kluwer Law International
Publication
October 2015
Format
Hardback , 1040 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place.

This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, uniform rules and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law, the American Law Institute, and INSOL International), and international and European restatements of insolvency law by scholars.

In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: ;

  • key issues of each text;
  • expected amendments and revisions; and
  • comparative analysis of instruments.

A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.

Contents: Global (The World Bank, UNCITRAL, UNIDROIT instruments). Regional (African, Asian, European Latin American, and Northern American instruments). Agencies (Asian Development Bank, European Bank for Reconstruction and Development, International Bar Association, International Working Group on European Insolvency Law, INSOL Europe, and INSOL International instruments).

Table of Contents

About the Author.

Preface to Second Edition.

Preface to First Edition.

PART I Introduction.

PART II International Instruments: Commentary.

CHAPTER 1 The World Bank.

CHAPTER 2 Institut International pour l’Unification de Droit Privé (UNIDROIT).

CHAPTER 3 United Nations Commission on International Trade Law (UNCITRAL).

CHAPTER 4 Other.

CHAPTER 5 Africa.

CHAPTER 7 Europe: European Bank for Reconstruction and Development (EBRD).

CHAPTER 8 Latin America.

CHAPTER 9 North America.

PART III International Instruments.

Annexes:

ANNEX 1 The World Bank Principles for Effective Insolvency and Creditor Rights Systems (Revised 2011), 2011.

ANNEX 2 UNIDROIT - Convention on International Financial Leasing.

ANNEX 3 UNIDROIT – Convention on International Interests in Mobile Equipment, 2001.

ANNEX 4 UNIDROIT – Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, 2001.

ANNEX 5 UNIDROIT and OTIF – Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock, 2007.

ANNEX 6 UNIDROIT – Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets, 2012.

ANNEX 7 UNIDROIT – Principles on the Operation of Close-Out Netting Provisions, 2013.

ANNEX 8-ANNEX 14 United Nations Commission on International Trade Law (UNCITRAL).

ANNEX 15 International Bar Association – Model International Insolvency Cooperation Act, 1989.

Annex 17 G22 – Key Principles and Features of Effective Insolvency Regimes, 1998.

ANNEX 19 United Nations – Conventions on the Assignment of Receivables in International Trade, 2001.

ANNEX 20 AIPPI – Resolution Question 190, Contracts Regarding Intellectual Property Rights (Assignments and Licenses) and Third Parties, 2006.

ANNEX 21 American Law Institute and International Insolvency Institute – Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases, 2012.

ANNEX 22 International Insolvency Institute – Guidelines for Coordination of Multinational Enterprise Groups, New York, 2013.

ANNEX 23 AIPPI – Resolution Question 241, IP Licensing and Insolvency, 2014.

ANNEX 26 Asian Development Bank – Promoting Regional Cooperation in the Development of Insolvency Law Reform, 2008.

ANNEX 27 Asian Bankers Association – Asia-Pacific Informal Workout Guidelines for Promoting Corporate Restructuring in the Region and Model Agreement to Promote Corporate Restructuring: A Model Adaptable for Use Regionally, by a Jurisdiction, or for a Particular Debtor, 2013.

ANNEX 28 EBRD – Model Law on Secured Transactions, 1994.

ANNEX 29 EBRD – Core Principles for a Secured Transactions Law, 1997.

ANNEX 30 EBRD – Core Principles for an Insolvency Law Regime, 2004.

ANNEX 31 EBRD – Insolvency Office Holders Principles, 2007.

ANNEX 32 EBRD – Core Principles for a Mortgage Law, 2008.

ANNEX 33 Council of the European Union – Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, 1990.

ANNEX 34 EBRD – Core Principles for a Mortgage Law, 2008.

ANNEX 36 European Commission, Commission Recommendation of 12.3.2014 on a New Approach to Business Failure and Insolvency Law, C(2014) 1500 final, 2014.

ANNEX 37 European Commission, Commission Recommendation of 12.3.2014 on a new approach to business failure and insolvency law, C(2014) 1500 final, 2014.

ANNEX 38 Nordic Bankruptcy Convention, 1933 (latest revision of 1982).

ANNEX 39 Council of Europe – European Convention on Certain International Aspects of Bankruptcy, 1990.

ANNEX 42 European Communication and Cooperation Guidelines for Cross-Border Insolvency, 2007.

ANNEX 43 EU Cross-Border Insolvency Court-to-Court Cooperation Principles, 2014.

ANNEX 44 INSOL Europe – Draft Principles and Best Practices for Insolvency Office Holders in Europe, 2014.

ANNEX 45 Montevideo Treaty on International Commercial Law, 12 March 1889 (extract).

ANNEX 46 Havana Convention on Private International Law, 20 February 1928 (extract).

ANNEX 47 Montevideo Treaty on International Commercial Terrestrial Law, 19 March 1940 (extract).

ANNEX 48 Montevideo Treaty of International Procedural Law, 19 March 1940 (extract).

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