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Jurisdiction in EU Cross-Border Insolvency Law

Jurisdiction in EU Cross-Border Insolvency Law

Author: Antonio Leandro
Publisher: Edward Elgar Publishing
ISBN: 9781035334025
Published In: July 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,145.00

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Description
Contents

Details

This book provides an in-depth analysis of the jurisdiction in cross-border corporate insolvency proceedings within EU member states, investigating the rationale, structure and functioning of the grounds to initiate and supervise the proceedings according to the European Insolvency Regulation (Recast). It explores personal, territorial, and substantive scopes of the insolvency courts’ jurisdiction, as well as its interplay with the jurisdiction of other courts and Alternative Dispute Resolution (ADR) mechanisms.

The author discusses national, EU and international case law and legislation, utilising practical and theoretical approaches. Chapters engage with liquidation and restructuring by adopting a combined perspective on European private international law and insolvency law.

Key Features:

Deep analysis of jurisdictional principles in cross-border insolvency
Combined perspective on private international law and insolvency law
Solutions to cases where insolvency proceedings run parallel with civil and commercial proceedings
Focus on asset tracing and recovery
Discussing on the interplay between cross-border insolvency proceedings and ADR

Jurisdiction in EU Cross-Border Insolvency Law is an essential reading for lawyers, judges and insolvency practitioners. Its unique insights will also be greatly beneficial to students, academics and practitioners in private international law, arbitration, and European Union law.

Preface

Table of cases

Table of legislation

Introduction

Jurisdiction to open and supervise the insolvency proceedings

Jurisdiction under vis attractiva and consolidation

Jurisdiction on preservation and recovery measures

Special jurisdictional regimes

Settling disputes on jurisdiction

Jurisdiction and ADR in EU cross-border insolvency

Conclusions

Bibliography