Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime: Commonwealth and US Perspectives

Bankruptcy / Insolvency › Insolvency

Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime: Commonwealth and US Perspectives

By Jingchen Xu
Hart Publishing December 2020

Specifications

ISBN-13
9781509935994
Publisher
Hart Publishing
Publication
December 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country?

The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – examining their approaches to the above three problems when applying the UNCITRAL Model Law regime.

The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model law regime, with a view to enhancing the development of the shipping industry.

Table of Contents

1. Introduction
2. Bankruptcy Law: Fundamental Aims and Relevant Prominent Principles
I. Fundamental Aims of the Law of Insolvency
II. Liquidation and Reorganisation
III. Stay of Proceedings
IV. Secured Creditors and Unsecured Creditors
3. Cross-Border Insolvency: Theoretical Divergence and Its Status Quo
I. The Problem with Cross-Border Insolvency
II. Theoretical Divergence
III. The Evolution of Theories and the Status Quo
4. The UNCITRAL Model Law
I. Access
II. Recognition
III. Relief
IV. Co-operation and Co-ordination
5. Maritime Claims: Characteristics, Secured Status and Enforcement Methods
I. Maritime Liens
II. Statutory Rights of Action in Rem
III. Ship Mortgages
IV. Conflict of Laws
V. Enforcement of Maritime Claims
6. Key Conflicts between the UNCITRAL Model Law and Maritime Practice
I. Treatment of Maritime Creditors under the UNCITRAL Model Law Regime
II. Determination of the Centre of Main Interest
III. Scope of Debtor's Assets
7. Australia
I. Overview
II. The Regime of Insolvency and the Secured Status of Maritime Claims in Australia
III. Cross-Border Insolvency in Australia
IV. Attitudes of the Courts Toward in Rem Actions and the Personification Doctrine in Australia
V. Status of Chartered Vessels in Cross-Border Insolvency
VI. Summary
8. United Kingdom
I. Overview
II. The Insolvency Act 1986 and the Secured Status of Maritime Claims in the UK
III. Cross-Border Insolvency in the UK
IV. Courts' Attitudes Toward in Rem Actions and the Personification Doctrine in the UK
V. Status of Chartered Vessels in Cross-Border Insolvency
VI. Summary
9. United States
I. Overview
II. The Bankruptcy Code of the United States
III. Cross-Border Insolvency in the United States
IV. US Attitude Towards in Rem Actions and the Personification Doctrine
V. Status of Chartered Vessels in Cross-Border Insolvency
VI. Summary
10. Singapore
I. Overview
II. The Regime of Insolvency and Secured Status of Maritime Claims in Singapore
III. Cross-Border Insolvency in Singapore
IV. Courts' Attitudes Towards in Rem Actions and the Personification Doctrine in Singapore
V. Status of Chartered Vessels in Cross-Border Insolvency
VI. Summary
11. Policy Reflections on the Treatment of Maritime Creditors under the UNCITRAL Model Law Regime
I. Maritime Liens
II. Statutory Rights of Action in Rem
III. Ship Mortgages
IV. Conflict of Laws
V. Summary
12. Policy Reflections on the Determination of the Centre of Main Interest and the Scope of Debtor's Assets
I. Determination of the Centre of Main Interest of Shipping Companies
II. Scope of Debtor's Assets
III. Summary
HKD 1,261.00 −3%
HKD 1,300.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Bankruptcy / Insolvency

View all
Insolvency Practitioners Handbook 2021 9th Edition
LexisNexis U.K.

Insolvency Practitioners Handbook 2021 9th Edition

Insolvency Practitioners Association
Cross-Border Insolvency
Globe Law and Business

Cross-Border Insolvency

Look Chan Ho
HKD 1,513.20
Butterworths Insolvency Law Handbook 2020
LexisNexis U.K.

Butterworths Insolvency Law Handbook 2020

Glen Davis; Marcus Haywood
Sealy & Milman: Annotated Guide to the Insolvency Legislation 2012, 15th Edition, Volume 1
Sweet & Maxwell U.K.

Sealy & Milman: Annotated Guide to the Insolvency Legislation 2012, 15th Edition, Volume 1

Professor Len Sealy; Professor David Milman
HKD 2,211.60
A Practical Guide to Void Dispositions and Validation Orders
Law Brief Publishing

A Practical Guide to Void Dispositions and Validation Orders

Andrew Brown
HKD 699.86
A Guide to Consumer Insolvency Proceedings in Europe
Edward Elgar Publishing

A Guide to Consumer Insolvency Proceedings in Europe

Thomas Kadner Graziano; Juris Bojars; Veronika Sajadova
HKD 3,808.22