This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law.
Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe, North America, South America and Africa, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.
Key Features:
Detailed article-by-article examination of the MLCBI and MLIJ by leading international experts
In-depth evaluation of the role of foreign representatives and creditors to courts in enacting states
Analysis of the model laws in relation to key cross-border insolvency cases.
This is an invaluable resource for lawyers, judges, academics and students specializing in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.
Rezensionen / Stimmen
'The book makes a fresh and important addition to literature on the topic. It contains an extensive and elaborate analysis by authors from across the globe. Several audiences are likely to find this an interesting book. Users will include legislators, considering these Model Laws, as well as practitioners to get a better understanding of a provision's meaning and impact in other countries. This is a timely book furthermore for courts, to learn how courts in other countries apply the rules and for students across the world who are interested in the evolution and internal dynamics of these Model Laws.' -- Bob Wessels, Leiden University, the Netherlands 'The UNCITRAL Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments is an Article-by-Article commentary on the relevant Model Laws by a formidably impressive list of contributors, edited by Professors Michael Veder and Reinhard Bork with all of their trade-mark clarity and rigour. It should find a home on the bookshelves of all judges, practitioners, policy makers and academics in the field of corporate insolvency and restructuring law and will be of great interest to those in other fields such as property law, contract law, and finance law. A few features contribute to the usefulness of this volume. First, it identifies gaps in the Model Laws regimes and suggests ways in which they might be navigated. In other words, the commentary covers what is not in the Articles as well as what we find there. In a similar vein, differences in adoption between jurisdictions are analysed and evaluated. Second, an invaluable range of case law from around the world is woven into the analysis. Third, the volume engages with the debates that led up to the final text, as well as existing academic work, frequently illuminating how we might interpret the provisions that we have. And finally, connections are made across the Articles so that the book can be read as a whole, cover to cover, or dipped into as a reference tool for specific issues. This is an elegantly written and constructed map of a complex landscape that will be an invaluable guide for any traveller setting out to chart a path through the complex cross-border insolvency and restructuring landscape.' -- Sarah Paterson, The London School of Economics and Political Science, UK 'This exceptional Commentary is an essential resource for cross-border insolvency practitioners and scholars. Through their expert analysis of two UNCITRAL Model Laws, Reinhard Bork and Michael Veder provide clarity on subtle legal issues, practical insights from landmark cases and a framework for consistent international insolvency standards.' -- Scott Atkins, Norton Rose Fulbright, Australia 'Professors Bork and Veder have compiled a detailed and insightful series of contributions from leading academics in the global insolvency field, tracing the development and application of the UNCITRAL Model Law around the world. Their book is indispensable reading for new practitioners, and a daily, go-to deskbook for experienced insolvency professionals.' -- Mark Bloom, Baker & McKenzie LLP, USA 'With the recent wave of adoptions of the UNCITRAL Model Law on Cross-Border Insolvency by countries across the globe, several audiences are likely to find this an interesting book. The Model Law on the Recognition and Enforcement of Insolvency-Related Judgments was waiting for a solid explanation. Users of this welcome book include legislators, considering these Model Laws as well as practitioners to get a better understanding of a provision's meaning and impact in other countries. A timely book also for courts, to learn how courts in other countries apply the rules and for students across the world who are interested in the evolution and internal dynamics of these Model Laws. A selection of experts from countries on all continents will provide a versatile and up-to-date commentary.' -- Bob Wessels, University of Leiden, the Netherlands
Reihe
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Maße
Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-83910-251-6 (9781839102516)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Reinhard Bork, Professor, University of Hamburg, Germany; Senior Research Fellow, Commercial Law Centre, Harris Manchester College, Oxford, UK and Visiting Professor, Radboud University, Nijmegen, the Netherlands and Michael Veder, Professor of Insolvency Law, Radboud Business Law Institute, Faculty of Law, Radboud University, the Netherlands and Attorney/Adviser, RESOR
Contents
MLCBI Preamble 1
Reinhard Bork and Michael Veder
CHAPTER I MLCBI ARTICLE 1: SCOPE OF APPLICATION
Article 1 Scope of application 9
Irit Mevorach
Article 2 Definitions 18
Irit Mevorach
Article 3 International obligations of this State 35
Irit Mevorach
Article 4 [Competent court or authority] 38
Irit Mevorach
Article 5 Authorization of [insert the title of the person or body administering reorganization or
liquidation under the law of the enacting State] to act in a foreign State 42
Kristin van Zwieten
Article 6 Scope of application 47
Kristin van Zwieten
Article 7 Additional assistance under other laws 63
Kristin van Zwieten
Article 8 Interpretation 70
Reinhard Bork
CHAPTER II MLCBI ARTICLE II: ACCESS OF FOREIGN
REPRESENTATIVES AND CREDITORS TO COURTS IN
THIS STATE
Article 9 Right of direct access 79
Virginia Torrie
Article 10 Limited jurisdiction 89
Virginia Torrie
Article 11 Application by a foreign representative to commence a proceeding under [identify
laws of the enacting State relating to insolvency] 99
Virginia Torrie
Article 12 Participation of a foreign representative in a proceeding under [identify laws of the
enacting State relating to insolvency] 110
Michael Veder
Article 13 Access of foreign creditors to a proceeding under [identify laws of the enacting State
relating to insolvency] 115
Michael Veder
Article 14 Notification to foreign creditors of a proceeding under [identify laws of the enacting
State relating to insolvency] 124
Michael Veder
CHAPTER III RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF
Article 15 Application for recognition of a foreign proceeding 134
G. Ray Warner
Article 16 Presumptions concerning recognition 150
G. Ray Warner
Article 17 Decision to recognize a foreign proceeding 171
G. Ray Warner
Article 18 Subsequent information 184
G. Ray Warner
Article 19 Relief that may be granted upon application for recognition of a foreign proceeding 188
Christopher Symes
Article 20 Effects of recognition of a foreign main proceeding 199
Christopher Symes
Article 21 Relief that may be granted upon application for recognition of a foreign proceeding 210
Christopher Symes
Article 22 Scope of application 226
Reinhard Bork
Article 23 Actions to avoid acts detrimental to creditors 241
Reinhard Bork
Article 24 Intervention by a foreign representative in proceedings in this State 255
Reinhard Bork
Article 25 Cooperation and direct communication between a court of this State and foreign
courts or foreign representatives 262
Stephan Madaus
Article 26 Cooperation and direct communication between the [insert the title of a person or body
administering a reorganization or liquidation under the law of the enacting State] and
foreign courts or foreign representatives 274
Stephan Madaus
Article 27 Forms of cooperation 279
Stephan Madaus
CHAPTER IV CONCURRENT PROCEEDINGS
Article 28 Commencement of a proceeding under [identify laws of the enacting State relating to
insolvency] after recognition of a foreign main proceeding 293
Catarina Serra
Article 29 Coordination of a proceeding under [identify laws of the enacting State relating to
insolvency] and a foreign proceeding 306
Catarina Serra
Article 30 Coordination of more than one foreign proceeding 317
Catarina Serra
Article 31 Presumption of insolvency based on recognition of a foreign main proceeding 323
Catarina Serra
Article 32 Rule of payment in concurrent proceedings 334
Catarina Serra
MLIJ Preamble 346
Michael Veder
Article 1 Scope of application 358
Michael Veder
Article 2 Definitions 360
Michael Veder
Article 3 International obligations of this State 374
Michael Veder
Article 4 Competent court of authority 378
Michael Veder
Article 5 Authorization to act in another State in respect of an insolvency-related judgment
issued in this State 380
Michael Veder
Article 6 Additional assistance under other laws 382
Wan Wai Yee
Article 7 Public policy exception 385
Wan Wai Yee
Article 8 Interpretation 388
Wan Wai Yee
Article 9 Effect and enforceability of an insolvency-related judgment 390
Wan Wai Yee
Article 10 Effect of review in the originating State on recognition and enforcement 392
Wan Wai Yee
Article 11 Procedure for seeking recognition and enforcement of an insolvency-related
judgment 395
Rodrigo Rodriguez
Article 12 Provisional relief 404
Rodrigo Rodriguez
Article 13 Decision to recognize and enforce an insolvency-related judgment 409
Rodrigo Rodriguez
Article 14 Grounds to refuse recognition and enforcement of an insolvency-related judgment 415
Rodrigo Rodriguez
Article 15 Equivalent effect 445
Rodrigo Rodriguez
Article 16 Severability 450
Rodrigo Rodriguez
Article X Recognition of an insolvency-related judgment under [insert a cross-reference to the
legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross-Border
Insolvency] 453
Rodrigo Rodriguez
Bibliography 463
