Bankruptcy / Insolvency Conflict of Laws

Insolvency in Private International Law 1st Supplement to 2nd Edition

By Ian F. Fletcher
Oxford University Press March 2007

Specifications

ISBN-13
9780199288731
Publisher
Oxford University Press
Publication
March 2007
Format
Paperback , 154 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • 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
  • Maintains the usefulness of the main work by bringing it up to date
  • The main work of the second edition and the supplement are also available as a set (ISBN 9780199214952: £160)

This supplement to the second edition of

Insolvency in Private International Law

covers the 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.



The main work 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.



The main work of the second edition and the supplement are also available as a set (ISBN 9780199214952: £160)

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.

Table of Contents

1: Cross-Border Insolvency Regulations 2006
2: Explanatory Memorandum to the Cross-Border Insolvency Regulations 2006
3: Commentary on the Cross-Border Insolvency Regulations 2006
4: Council Regulation 694/2006 amending the lists of insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings
5: Case Developments

About the Author

Ian Fletcher, Professor of International Commercial Law, University College London, and Barrister, 3-4 South Square, Gray's Inn


 


 



Reviews

Review(s) from previous edition

"For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. ... This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. ...anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. - Pippa Rogerson, Cambridge Law Journal, 1999

"Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. " - Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000

"...a dense and tightly argued work... the style is lucid and straightforward... this is a work that merits more than one reading. " - Stephen Baister, Insolvency Bulletin, May 1999

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