Cross-border insolvency: regulation models

2017 ◽  
Author(s):  
Anna Sergeevna Rassokhina ◽  
Keyword(s):  
Cross Border ◽  
Insolvency Regulation

European Cross-Border Insolvency Law

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
Member State ◽  
Insolvency Law ◽  
Main Interest ◽  
Significant Development ◽  
International Jurisdiction ◽  
European State ◽  
Cross Border ◽  
Insolvency Regulation ◽  
Centre Of Main Interest

This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency. The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts. The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that.

scholarly journals A COMPARATIVE ANALYSIS OF THE UNCITRAL MODEL LAW ON CROSS-BORDER INSOLVENCY AND EU INSOLVENCY REGULATION 2017, AGAINST THE BACKGROUND OF VARIOUS SOURCES OF CROSSBORDER INSOLVENCY LAW

2017 ◽  
Author(s):  
Primrose E.R. Kurasha
Keyword(s):  
Common Law ◽  
The Other ◽  
Insolvency Law ◽  
Cross Border ◽  
Insolvency Regulation ◽  
Similarities And Differences ◽  
Model Law ◽  
Compare And Contrast ◽  
Insight Into ◽  
The Eu

In this investigation, I will compare and contrast the UNCITRAL model law on cross-border insolvency law (hereafter referred to as ‘UNCITRAL model law’) with the EU Insolvency Regulation against the backdrop of various sources or dispensations of cross-border insolvency law. In this comparison, I will highlight the similarities and differences between the two, as well as discuss the other sources in depth, as they largely inform my research. My main aim in including the other sources in this comparative study is to provide deeper insight into these two sources of international cross-border insolvency law, as provided for by academics and sages in the field of insolvency law. These other sources include legislation, common law, treaties and regional dispensations.

20 Luxembourg

2018 ◽  
Author(s):  
Wagner Henri
Keyword(s):  
Common Features ◽  
Cross Border ◽  
Rome Convention ◽  
Insolvency Regulation ◽  
Insolvency Proceedings ◽  
Rome I

This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.

scholarly journals PROTOCOLS AND OTHER VOLUNTARY COMMITMENTS WITHIN EUROPEAN TRANSNATIONAL INSOLVENCY REGULATION, EIR 848/2015

2019 ◽  
pp. 97
Author(s):  
Federica Pasquariello
Keyword(s):  
Insolvency Proceeding ◽  
Cross Border ◽  
Insolvency Regulation ◽  
Territorial Approach ◽  
Local Law ◽  
Unexpected Outcomes

In response to cross-border insolvencies, conflicts of law and jurisdiction may arise and they cannot be resolved in a strictly Territorial approach. In fact, in an era of globalized and interconnected economies, an insolvency proceeding on a narrow national basis, which coexists with at least one other local proceeding may leadto unexpected outcomes. Actually, under Territorialism, each Country seizes the debtor’s assets which are located within its borders and conducts a separate bankruptcy proceeding to divide those assets among local creditors according to local law, while no proceeding affects each other. This causes a sharp fragmentation of the active and passive masses, and produces disappointing effects both on the level of creditors’ recovery, and on the front of an increase of costs as well.

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