Cross-Border Insolvency Law: International Instruments and Commentary, Second Edition
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, uniform rules and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law, the American Law Institute, and INSOL International), 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.
Contents: Global (The World Bank, UNCITRAL, UNIDROIT instruments). Regional (African, Asian, European Latin American, and Northern American instruments). Agencies (Asian Development Bank, European Bank for Reconstruction and Development, International Bar Association, International Working Group on European Insolvency Law, INSOL Europe, and INSOL International instruments).
|Publish Frequency||As Needed|
|Product Line||Kluwer Law International|
About the Author.
Preface to Second Edition.
Preface to First Edition.
PART I Introduction.
PART II International Instruments: Commentary.
CHAPTER 1 The World Bank.
CHAPTER 2 Institut International pour l’Unification de Droit Privé (UNIDROIT).
CHAPTER 3 United Nations Commission on International Trade Law (UNCITRAL).
CHAPTER 4 Other.
CHAPTER 5 Africa.
CHAPTER 7 Europe: European Bank for Reconstruction and Development (EBRD).
CHAPTER 8 Latin America.
CHAPTER 9 North America.
PART III International Instruments.
ANNEX 1 The World Bank Principles for Effective Insolvency and Creditor Rights Systems (Revised 2011), 2011.
ANNEX 2 UNIDROIT - Convention on International Financial Leasing.
ANNEX 3 UNIDROIT – Convention on International Interests in Mobile Equipment, 2001.
ANNEX 4 UNIDROIT – Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, 2001.
ANNEX 5 UNIDROIT and OTIF – Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock, 2007.
ANNEX 6 UNIDROIT – Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Space Assets, 2012.
ANNEX 7 UNIDROIT – Principles on the Operation of Close-Out Netting Provisions, 2013.
ANNEX 8-ANNEX 14 United Nations Commission on International Trade Law (UNCITRAL).
ANNEX 15 International Bar Association – Model International Insolvency Cooperation Act, 1989.
Annex 17 G22 – Key Principles and Features of Effective Insolvency Regimes, 1998.
ANNEX 19 United Nations – Conventions on the Assignment of Receivables in International Trade, 2001.
ANNEX 20 AIPPI – Resolution Question 190, Contracts Regarding Intellectual Property Rights (Assignments and Licenses) and Third Parties, 2006.
ANNEX 21 American Law Institute and International Insolvency Institute – Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases, 2012.
ANNEX 22 International Insolvency Institute – Guidelines for Coordination of Multinational Enterprise Groups, New York, 2013.
ANNEX 23 AIPPI – Resolution Question 241, IP Licensing and Insolvency, 2014.
ANNEX 26 Asian Development Bank – Promoting Regional Cooperation in the Development of Insolvency Law Reform, 2008.
ANNEX 27 Asian Bankers Association – Asia-Pacific Informal Workout Guidelines for Promoting Corporate Restructuring in the Region and Model Agreement to Promote Corporate Restructuring: A Model Adaptable for Use Regionally, by a Jurisdiction, or for a Particular Debtor, 2013.
ANNEX 28 EBRD – Model Law on Secured Transactions, 1994.
ANNEX 29 EBRD – Core Principles for a Secured Transactions Law, 1997.
ANNEX 30 EBRD – Core Principles for an Insolvency Law Regime, 2004.
ANNEX 31 EBRD – Insolvency Office Holders Principles, 2007.
ANNEX 32 EBRD – Core Principles for a Mortgage Law, 2008.
ANNEX 33 Council of the European Union – Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, 1990.
ANNEX 34 EBRD – Core Principles for a Mortgage Law, 2008.
ANNEX 36 European Commission, Commission Recommendation of 12.3.2014 on a New Approach to Business Failure and Insolvency Law, C(2014) 1500 final, 2014.
ANNEX 37 European Commission, Commission Recommendation of 12.3.2014 on a new approach to business failure and insolvency law, C(2014) 1500 final, 2014.
ANNEX 38 Nordic Bankruptcy
See what our clients are saying:
Reviews of the first edition of 2007: ‘… an invaluable and quite unique reference text of international insolvency instruments and related texts…’
Professor Paul Omar, Nottingham Law School, in International Corporate Rescue
‘This book saves … cumbersome search for sources and offers an excellent entry to the core texts of international insolvency law’
Dr. Andreas Geroldinger, associate professor University of Linz, Austria, in Zeitschrift für Insolvenzrecht und Kreditschutz
‘… well-edited, comprehensive collection of all relevant texts… undoubtedly the most complete collection …’
Professor Ian F. Fletcher QC (Hon), Em. Professor International Commercial Law, University College London, in INSOL World