- A welcome new edition of this leading text on English (and EC) private international law relating to insolvency, written by an acknowledged expert
- Up to date account of the EC Regulation on Insolvency Proceedings with case law, enabling readers to assess the impact of the Regulation on matters encountered in daily practice
- Analysis of the UNCITRAL Model Law on Cross-Border Insolvency, with explanation of its impact on insolvency practice in the UK and advice on how to apply it when acting in foreign jurisdictions
- Digests the recent case law on English courts' exercise of jurisdiction to wind up foreign companies, suggesting solutions on how to ensure the best outcome for creditors
- Reveals the full potential for obtaining the assistance of the English courts in support of insolvency proceedings based in other jurisdictions
- The supplement contains the full text of the Cross-Border Insolvency Regulations 2006, and expert commentary on the regulations
- Also included in the supplement are the text of Council Regulation 694/2006 amending Regulation 1346/2000 on insolvency proceedings, and references to recent developments in case law, linked to the relevant paragraphs in the second edition
New to this edition
- New supplement updating the second edition with commentary on recent developments, to October 2006
- Major recasting of chapter 6 (formerly dealing with the (by then) dormant EC Convention on Insolvency Proceedings) now giving an account of the EC Regulation on Insolvency Proceedings, in force since 31 May 02
- Adjustments throughout the book to explain the impact of the Regulation on other aspects of law and practice
- Full account is taken of statutory and case law developments since 1998
- The implications of impending enactment of the UNCITRAL Model Law by the UK are explained in chapter 8
- There is a new chapter assessing other international developments since 1998 including the ALI Transnational Insolvency Project; the World Bank Principles and Guidelines; and the UNCITRAL Legislative Guide on Insolvency Law (completed 2004)
This set deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws).
Part I of the main work is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems - principally Australia, Canada, France and the USA - are examined by way of comparison. There are up to date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognise foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate.
Part II of the main work explores the progress towards the creation of international arrangements to co-ordinate and rationalise the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings, in force throughout the UK since May 2002, and the UNCITRAL Model Law on Cross-Border Insolvency, which was due for enactment in the UK.
This set includes the supplement to the second edition, which covers key developments in case law and legislation in the subject up to October 2006, and is an essential purchase for all who have already bought the main work. It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, including
Eurofood IFSC Ltd
,
Daisytek ISA
, and
Cambridge Gas Transport Corp v Official Committe of Unsecured Creditors of Navigator Holdings plc.
The commentary on case developments links back to the relevant paragraph in the main work.
Readership: Commercial lawyers specialising or interested in insolvency (especially at an international level); accountants who act as insolvency practitioners; people in financial services and banking who conduct business across jurisdictions; academics and students studying insolvency law; reference libraries.
