International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules.
This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.
Contents:
Part I General Principles of Insolvency Law:
The culture of bankruptcy, Harry Rajak;
Cross-border insolvency law: where private international law and insolvency law meet, Rosalind Mason;
The law and economics of corporate insolvency - some thoughts, Armin J. Kammel.
Part II The Rescue and Fresh Start Concepts:
The commencement of the company rescue: how and when does it start?, Colin Anderson and David Morrison;
A comparative analysis of the administration regimes in Australia and the United Kingdom, Andrew Keay;
Consuming passions: benchmarking consumer bankruptcy law systems, Donna McKenzie Skene and Adrian Walters.
Part III International Insolvency Initiatives:
Coming to terms with the COMI concept in the European insolvency regulation, Paul Torremans;
The dominance of main insolvency proceedings under the European insolvency regulation, Margreet B. De Boer and Bob Wessels.
Part IV Finance and Security Issues:
Bank insolvency and the problem of non-performing loans, Andrew Campbell;
In re: Spectrum Plus - less of a bang than a whimper?, Sandra Frisby.
Part V Innovations in Insolvency:
A plea for the development of coherent labour and insolvency principles on a regional basis in SADC countries, Stefan van Eck and André Boraine;
Widening the insolvency lens: the treatment of employee claims, Janis Sarra;
The claim against an insolvent for environmental damage, Leonie Stander;
Reducing collateral damage in franchisor insolvency, Jenny Buchan
Paul Omar is a Barrister and Senior Lecturer in Law at the University of Sussex, UK.
Editorial preface; Part I General Principles of Insolvency Law: The culture of bankruptcy, Harry Rajak; Cross-border insolvency law: where private international law and insolvency law meet, Rosalind Mason; The law and economics of corporate insolvency - some thoughts, Armin J. Kammel; Part II The Rescue and Fresh Start Concepts: The commencement of the company rescue: how and when does it start?, Colin Anderson and David Morrison; A comparative analysis of the administration regimes in Australia and the United Kingdom, Andrew Keay; Consuming passions: benchmarking consumer bankruptcy law systems, Donna McKenzie Skene and Adrian Walters; Part III International Insolvency Initiatives: Coming to terms with the COMI concept in the European insolvency regulation, Paul Torremans; The dominance of main insolvency proceedings under the European insolvency regulation, Margreet B. De Boer and Bob Wessels; Part IV Finance and Security Issues: Bank insolvency and the problem of non-performing loans, Andrew Campbell; In re: spectrum plus - less of a bang than a whimper?, Sandra Frisby; Part V Innovations in Insolvency: A plea for the development of coherent labour and insolvency principles on a regional basis in SADC countries, Stefan van Eck and Andre Boraine; Widening the insolvency lens: the treatment of employee claims, Janis Sarra; The claim against an insolvent for environmental damage, Leonie Stander; Reducing collateral damage in franchisor insolvency, Jenny Buchan; Index.
