This book provides an in-depth analysis of the jurisdiction in cross-border corporate insolvency proceedings within EU member states, investigating the rationale, structure and functioning of the grounds to initiate and supervise the proceedings according to the European Insolvency Regulation (Recast). It explores personal, territorial, and substantive scopes of the insolvency courts' jurisdiction, as well as its interplay with the jurisdiction of other courts and Alternative Dispute Resolution (ADR) mechanisms.
The author discusses national, EU and international case law and legislation, utilising practical and theoretical approaches. Chapters engage with liquidation and restructuring by adopting a combined perspective on European private international law and insolvency law.
Key Features:
Deep analysis of jurisdictional principles in cross-border insolvency
Combined perspective on private international law and insolvency law
Solutions to cases where insolvency proceedings run parallel with civil and commercial proceedings
Focus on asset tracing and recovery
Discussing on the interplay between cross-border insolvency proceedings and ADR
Jurisdiction in EU Cross-Border Insolvency Law is an essential reading for lawyers, judges and insolvency practitioners. Its unique insights will also be greatly beneficial to students, academics and practitioners in private international law, arbitration, and European Union law.
Rezensionen / Stimmen
'Nine years after the European Insolvency Regulation (EIR) recast, Antonio Leandro offers a comprehensive analysis of key concepts in the European framework of modified universalism. Drawing from years of University teaching and research in cross-border insolvency, he examines a fundamental compromise that has not fully resolved all related challenges. He addresses central topics such as the scope of jurisdiction, vis attractiva, forum connexitatis, applicable law, the relationship between lex concursus and lex fori, cooperation, arbitration and ADR, along with the connection between the EIR and the Brussels Ibis Regulation. These essential pages offer invaluable insights for a deeper understanding of the subject.' -- Luciano Panzani, Former President of the Court of Appeal of Rome, Italy 'This brilliantly and knowledgeably drafted book offers a profound analysis of the EIR's rules of jurisdiction for the various phases of insolvency proceedings, including in relation to the Brussels Ibis Regulation. Its critical eye opens up new perspectives and the inclusion of restructuring proceedings leads to further proposals that practitioners, academics, and the European legislator should thoroughly consider.' -- Reinhard Bork, University of Hamburg, Germany
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-0353-3402-5 (9781035334025)
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
Antonio Leandro, Professor of Public and Private International Law, University of Bari Aldo Moro, Italy and member of the European Commission Group of Experts on Restructuring and Insolvency Law
Contents
Preface
Table of cases
Table of legislation
1 Introduction
2 Jurisdiction to open and supervise the insolvency proceedings
3 Jurisdiction under vis attractiva and consolidation
4 Jurisdiction on preservation and recovery measures
5 Special jurisdictional regimes
6 Settling disputes on jurisdiction
7 Jurisdiction and ADR in EU cross-border insolvency
8 Conclusions
Bibliography
