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Maritime Cross Border Insolvency Under The Uncitral Model Law Regime
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Book Synopsis Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime by : Jingchen Xu
Download or read book Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime written by Jingchen Xu and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 – and examines 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.
Book Synopsis Maritime Cross-Border Insolvency by : Lia Athanassiou
Download or read book Maritime Cross-Border Insolvency written by Lia Athanassiou and published by Taylor & Francis. This book was released on 2017-11-02 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Cross-Border Insolvency is a comprehensive comparative examination of both insolvency regimes (UNCITRAL and EU) in shipping with reference to the main jurisdictions having adopted the UNCITRAL regime, i.e. USA, UK, Greece.
Book Synopsis Maritime Cross-Border Insolvency by : Erik Göretzlehner
Download or read book Maritime Cross-Border Insolvency written by Erik Göretzlehner and published by Springer. This book was released on 2019-04-03 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comité Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.
Book Synopsis Cross-border Insolvency by : Look Chan Ho
Download or read book Cross-border Insolvency written by Look Chan Ho and published by Globe Law and Business Limited. This book was released on 2006 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency aims to provide legal certainty and efficient administration of cross-border insolvencies. This volume covers national implementation of the UNCITRAL model law in 10 jurisdictions.
Book Synopsis UNCITRAL Model Law on Cross-border Insolvency, with Guide to Enactment by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Model Law on Cross-border Insolvency, with Guide to Enactment written by United Nations Commission on International Trade Law and published by . This book was released on 1999 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized & fair framework to address more effectively, instances of cross-border insolvency. Those instances include cases where the insolvent debtor has less assets in more than one State or where some of the creditors are not from the State where insolvency proceeding is taking place.
Download or read book Cross-Border Insolvency written by and published by . This book was released on 2008 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime by : Jingchen Xu
Download or read book Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime written by Jingchen Xu and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 – and examines 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.
Book Synopsis Cross-border Insolvency by : Richard Sheldon
Download or read book Cross-border Insolvency written by Richard Sheldon and published by Bloomsbury Publishing. This book was released on 2015-01-01 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-Border Insolvency, fourth edition provides a comprehensive and up to date consideration of the topic of cross-border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law.The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law. The second part focuses on specific issues in more detail, such as the court's insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off. The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including:The impact of the Supreme Court decision in Rubin v Eurofinance;The revised UK Insolvency Rules;Proposals for revision of the EC Insolvency Regulation;Scope of section 426 - HSBC v Tambrook Jersey;Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI);Kelmsley v Barclays Bank PLC.Previous print edition ISBN: 9781845921040
Book Synopsis UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation by :
Download or read book UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation written by and published by . This book was released on 2014-10-22 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
Book Synopsis Cross-Border Insolvency Law by : Bob Wessels
Download or read book Cross-Border Insolvency Law written by Bob Wessels and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.
Author :United Nations Commission on International Trade Law Publisher :UN ISBN 13 :9789211338195 Total Pages :0 pages Book Rating :4.3/5 (381 download)
Book Synopsis UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation by : United Nations Commission on International Trade Law
Download or read book UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation written by United Nations Commission on International Trade Law and published by UN. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication includes a new Guide to Enactment and Interpretation of the Model Law on Cross-Border Insolvency that provides more information and guidance on the interpretation and application of selected aspects of the Model Law, in particular the concept of the debtor's "center of main interests" and the factors relevant to rebuttal of the presumption in article 16(3), the use of the word "insolvency" in the Model Law and various elements of the definition of "foreign proceeding" in article 2. The revisions do not in any way affect the text of the Model Law as drafted.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--
Book Synopsis Commercial Maritime Law by : Melis Özdel
Download or read book Commercial Maritime Law written by Melis Özdel and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The title 'Commercial Maritime Law' is a misnomer. There is a patchwork of different commercial maritime laws around the world. However, the title is a true reflection of what many legal scholars and practitioners in the field have long desired: a common framework of commercial maritime law. This book unravels the complexities of bridging the gap between common law and civil law and will discuss whether the title will remain a misnomer despite the countless attempts at harmonisation. Internationally renowned legal scholars and practitioners discuss herein the areas in which the common law and civil law are divided; the impact of these differences on the drafting and ratification of international conventions; the search for a common framework; and the procedural aspects of the common law and civil law divide embedded within commercial maritime law.
Book Synopsis The UNCITRAL Model Law and Asian Arbitration Laws by : Gary F. Bell
Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Book Synopsis Maritime Organisation, Management and Liability by : Stephen Girvin
Download or read book Maritime Organisation, Management and Liability written by Stephen Girvin and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.
Book Synopsis UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration by : United Nations Commission on International Trade Law
Download or read book UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration written by United Nations Commission on International Trade Law and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a presentation of case laws rendered in jurisdictions having enacted the UNCITRAL Model Law on International Commercial Arbitration. In light of the large number of cases collected, the Commission requested a tool specifically designed to present selected information on the interpretation and application of the Model Law in a clear, concise and objective manner. This request originated the UNCITRAL Digest of Case Law on the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the digest is to assist in the dissemination of information on the Model Law and further promote its adoption as well as its uniform interpretation and application. In addition, the digest is meant to help judges, government officials, arbitrators, practitioners and academics use more efficiently the case law relating to the UNCITRAL text.
Book Synopsis International Insolvency Law by : Elina Moustaira
Download or read book International Insolvency Law written by Elina Moustaira and published by Springer. This book was released on 2018-12-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.
