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Cross Border Protocols In Insolvencies Of Multinational Enterprise Groups
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Book Synopsis Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups by : Ilya Kokorin
Download or read book Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups written by Ilya Kokorin and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.
Book Synopsis The Future of Cross-border Insolvency by : Irit Mevorach
Download or read book The Future of Cross-border Insolvency written by Irit Mevorach and published by Oxford University Press. This book was released on 2018 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a framework for improving its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing the mechanisms for managing the insolvency of multinational enterprises and financial institutions. The book considers the effectiveness of the current system and identifies the gaps that could be bridged by adopting certain strategies and tools, to improve the system further. The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism-in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.
Book Synopsis Insolvency Within Multinational Enterprise Groups by : Irit Mevorach
Download or read book Insolvency Within Multinational Enterprise Groups written by Irit Mevorach and published by . This book was released on 2009 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to multinational enterprise groups is notoriously complex. This book provides the first detailed analysis of the case law, presenting a clear model for future developments.
Book Synopsis Cross-border Insolvency by : Philip St. J. Smart
Download or read book Cross-border Insolvency written by Philip St. J. Smart and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: With recent high profile cases such as Maxwell, Barings and BCCI highlighting the fact that insolvency increasingly extends across national borders, practitioners in this area need specialist guidance on the particular problems which apply in cross-border insolvency.The second edition of this acclaimed book has been extensively revised to provide a practical analysis of the impact of new developments in cross-border insolvency law. Fully updated and expanded, this unique guide looks at recent case law as well as statutory developments, most notably the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997.With illustrations at the end of each chapter showing how to avoid practical problems, this thoroughly researched text gives insight into the impact and potential difficulties of the law, enabling the practitioner to anticipate problems before they arise.
Book Synopsis Insolvency Law and Multinational Groups by : Daoning Zhang
Download or read book Insolvency Law and Multinational Groups written by Daoning Zhang and published by Routledge. This book was released on 2019-07-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.
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.
Book Synopsis Cross-Border Insolvency Proceedings by : Remigijus Jokubauskas
Download or read book Cross-Border Insolvency Proceedings written by Remigijus Jokubauskas and published by Taylor & Francis. This book was released on 2024-04-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
Download or read book Dead Firms written by Miguel M. Torres and published by Emerald Group Publishing. This book was released on 2016-07-05 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do firms die? This volume explores international and cross-disciplinary perspectives, carrying out a forensic examination of 'how and why' companies die in order to understand the lessons 'dead firms' may have to offer.
Book Synopsis International Insolvency Law by : Professor Paul Omar
Download or read book International Insolvency Law written by Professor Paul Omar and published by Ashgate Publishing, Ltd.. This book was released on 2013-12-28 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
Book Synopsis Cross Border Insolvencies in EU, English and Belgian Law by : Paul Torremans
Download or read book Cross Border Insolvencies in EU, English and Belgian Law written by Paul Torremans and published by Springer. This book was released on 2002-07-10 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to deal effectively with such emerging factors as multi-jurisdictional intellectual property rights and contractual issues surrounding employment or immovable property, a system of international bankruptcy and insolvency law is sorely needed. This important monograph shows how such a system is ready to hand in Europe and potentially available at a global level. As an obvious step in this direction, Professor Torremans examines the EU Regulation on Insolvency Proceedings. He analyses all its provisions in detail, and sets out the solution it puts in place, partial and imperfect as it may be. He concludes that within the EU this Regulation promises to improve matters substantially, and that it bodes well to become a model for international co-operation in this area. To demonstrate the need for a coherent cross-border insolvency law regime, Professor Torremans first describes two very different national approaches, those of Belgium and the United Kingdom. He explores these two traditional approaches in detail, stressing their practical applications, and finds neither system can offer a satisfactory solution in a cross-border context. Finally, recognising that this problem does not stop at the EU's borders, Professor Torremans examines the UNCITRAL Model Law in detail to see whether it does indeed make a useful contribution. This is a valuable and highly practical analysis that can immediately be put to good use by practitioners and officials charged with the organisation of bankruptcy and insolvency proceedings anywhere in the world.
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 International Bankruptcy by : Jodie Adams Kirshner
Download or read book International Bankruptcy written by Jodie Adams Kirshner and published by University of Chicago Press. This book was released on 2018-05-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Download or read book Cross-border Insolvency written by and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Recognition & Enforcement of Cross-Border Insolvency by : Neil Cooper
Download or read book Recognition & Enforcement of Cross-Border Insolvency written by Neil Cooper and published by Wiley. This book was released on 1996-08-01 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global marketplace brings with it significant benefits to businesses, but it also increases the risk of cross-frontier insolvencies. Although there have been steps in recent years towards creating a more uniform system, insolvency practitioners are still finding themselves confronted by the problems of widely differing insolvency regimes on an international scale. The question of access to foreign jurisdictions and recognition of foreign insolvency orders is critical if practitioners are to successfully carry out their appointed tasks. Recognition and Enforcement of Cross-Border Insolvency covers 36 countries and provides a succinct and invaluable practical guide to their policies and laws when dealing with insolvency proceedings originating in another jurisdiction. Each country chapter is uniformly structured around the following headings: ? Under general law ? Assisting legislation ? Insolvency practice ? Examples This expertly constructed approach allows the reader instant access to practical information and actual case studies while pointing out the key sources of the national rules without having to navigate through extensive amounts of time-consuming text. Recognition and Enforcement of Cross-Border Insolvency is essential reading for all insolvency practitioners, both lawyers and accountants, and all financial institutions operating within the international business arena.
Book Synopsis European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations - Suggestions for South Africa by : Jeanette Weideman
Download or read book European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations - Suggestions for South Africa written by Jeanette Weideman and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa's Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.
Book Synopsis Cross-border Insolvency Law by : B. Wessels
Download or read book Cross-border Insolvency Law written by B. Wessels and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This very useful volume collects, for the first time in one source, all important international and regional legal instruments relating to insolvency of companies, financial institutions, and consumers, as well as to corporate rescue law. In addition to reproducing the complete texts of these instruments, the editor provides insightful commentary covering such important matters as the following: •key issues of each text •expected amendments and revisions •comparative analysis of instruments
Book Synopsis Cross Border Insolvency and the Challenges of the Global Corporation Evaluating Globalization and Stakeholder Predictability Through the Uncitral Model Law on Cross Border Insolvency and the European Union Insolvency Regulation by : Pedro Jose Bernardo
Download or read book Cross Border Insolvency and the Challenges of the Global Corporation Evaluating Globalization and Stakeholder Predictability Through the Uncitral Model Law on Cross Border Insolvency and the European Union Insolvency Regulation written by Pedro Jose Bernardo and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the intent of dominant cross border insolvency regimes such as the UNCITRAL Model Law and the European Union Insolvency Regulation on Cross Border Insolvency is to “universalize” the resolution of corporations operating across various jurisdictions, the ideal outcome of maximizing firm value and ensuring predictability for corporate creditors and shareholders may not in all cases operate effectively because of (a) the high degree of discretion assumed by national insolvency authorities, particularly in determining the firm's center of main interests, and (b) the inability of existing regimes to effectively resolve multinational corporate groups. It is in this way that existing cross border insolvency regimes can be viewed as a hindrance to globalization by both increasing transaction costs and encouraging an attitutde of territoriality among corporate players and regulators. However, because of the recognized need for cooperation and coordination implicit in any effective cross border resolution, these regimes have succeeded in raising awareness of the need for effective cross border resolution and have pushed regulators to recognize not only the cross border effects of corporate resolutions, but also of the need to address lingering questions persisting in existing frameworks. It is in this zone of cooperation and coordination that these regimes serve as a potent counter-force against this attitude of territoriality spawned by lapses in existing regulations, thereby demonstrating the potential for enhancing both orderly resolution and promoting globalization in the corporate sphere.
