Pre-Insolvency Proceedings

2019 ◽  
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
Comparative Analysis ◽  
Class Composition ◽  
Normative Foundation ◽  
The Us ◽  
Insolvency Proceedings ◽  
Comprehensive Discussion

This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It deals with all-important issues such as class composition, cross-class cramdown, and valuation. A comparative analysis and critique of UK schemes of arrangement and the US Chapter 11 procedure is also included, identifying the strengths and weaknesses of each.

Framework for a Pre-Insolvency Plan Procedure

2019 ◽  
pp. 188-250
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
Third Party ◽  
Ideal World ◽  
Lessons Learnt ◽  
The Us ◽  
Key Features ◽  
The Right ◽  
High Level ◽  
Insolvency Proceedings

This chapter provides a high-level outline of what pre-insolvency proceedings might look like in an ideal world, drawing from the discussion in the previous chapters and the lessons learnt from the US Chapter 11 procedure and the English scheme of arrangement. It outlines the general characteristics of the procedure and required flanking measures. These include speed and efficiency, flexibility, a temporary stay, provision to reject burdensome and retain valuable contracts, and the ability of the court to make early determinations. Key features of the proposed plan mechanism are then discussed, including entry to the procedure, the right to propose a plan, the appointment of a supervisor, the commercial content of the plan, the voting in class, acceptance of the plan, and the criteria for confirmation and cramdown. It also considers the ability to deal with third-party liabilities and disputed claims. Finally, it looks at the relevance of the proposed procedure in practice and the remaining need for efficient liquidation procedures.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

Preventive Debt Restructuring and the Nigerian Draft Insolvency Legislation: Lessons from a Comparative Perspective

2020 ◽  
Vol 28 (1) ◽  
pp. 66-84
Author(s):  
Sanford U. Mba
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Final Analysis ◽  
The European Union ◽  
Debt Restructuring ◽  
The Us ◽  
Financially Distressed ◽  
Bankruptcy Code ◽  
Second Chance

Recently, the Nigerian Senate passed the Bankruptcy and Insolvency (Repeal and Re-enactment) Bill. This is no doubt a welcome development following the continued demand by insolvency practitioners, academics and other stakeholders for such legislation. The call has not only been for the enactment of just about any legislation, but (consistent with the economic challenges faced by businesses in the country), one that is favourably disposed to the successful restructuring of financially distressed businesses, allowing them to weather the storm of (impending) insolvency, emerge from it and continue to operate within the economy. This article seeks to situate this draft legislative instrument within the present wave of preventive restructuring ably espoused in the European Union Recommendation on New Approaches to Business Rescue and to Give Entrepreneurs a Second Chance (2014), which itself draws largely from Chapter 11 of the US Bankruptcy Code. The article draws a parallel between the economic crisis that gave rise to the preventive restructuring approach of the Recommendation and the present economic situation in Nigeria; it then examines the chances of such restructuring under the Nigerian draft bankruptcy and insolvency legislation. It argues in the final analysis that the draft legislation does not provide for a prophylactic recourse regime for financially distressed businesses. Consequently, a case is made for such an approach.

МЕЖДИСЦИПЛИНАРНОСТЬ В ПОДГОТОВКЕ КОНФЛИКТОЛОГОВ: СОСТОЯНИЕ И ПЕРСПЕКТИВЫ

2020 ◽  
Vol 15 (1) ◽  
pp. 13
Author(s):  
А. И. Стребков ◽  
А. И. Мусаев
Keyword(s):  
Conflict Resolution ◽  
Comparative Analysis ◽  
Subject Matter ◽  
Academic Program ◽  
Academic Programs ◽  
Full Time ◽  
The Us ◽  
Promotional Materials ◽  
Russian Universities ◽  
Educational Methodology

The present article concerns with the modern state of things of the conflict resolution specialists’ training in the US universities. The analysis is based on the informational and promotional materials which were picked up from the 11 American universities’ websites. The aim of the analysis was the examination of the four sections, which are: the orientation of the academic program, the content of the program or the scope of the skills, the main methodology of the academic program and the educational technologies. Together with the analysis of the US universities’ academic programs the article provides the comparative analysis of these programs with the Russian academic programs. On the back of this comparative analysis the authors come to the comprehensive conclusion according to which the specialists’ training in the field of the conflict resolution and peacebuilding in the US does not have significant differences from Russian ones and is carried out within one international academic trend in regard to its main features which are: the orientation, content, educational methodology and technologies. The key distinction of the Russian training from the American one is that the Russian academic tradition does have the core subject matter around which the whole academic program is being developed and which is the conflict. This subject matter is being taken in its entirety and the conflict resolution is considered as the closing stage of the conflict studies specialists’ training whereas the academic programs of the US universities embrace the conflict resolution as the subject matter of the academic training and therefores leaves beyond the scope of the training both the theory of the conflict and the forms practice of its manifestation in a number of the programs. The letter is peculiar to both short-term academic programs and the full-time two-year academic programs as it is accepted in the educational space of the Russian Federation. Furthermore, the authors of the article make up the conclusion of the coinciding major educational methodology which guides the academic programs of the American and Russian universities and which is developed on the principles of the interdisciplinarity.

Sign in / Sign up

Export Citation Format

Share Document