Corporate Restructuring Law in Flux
Will be published approx. on 18. February 2027
Book
Paperback/Softback
368 pages
978-1-5099-7842-7 (ISBN)
Description
This book analyses recent developments in English corporate restructuring law from a range of comparative and theoretical perspectives, exploring some of the most difficult aspects of the design of domestic restructuring laws and their application in cross-border cases.
Recent reforms to English law took place against the backdrop of corporate restructuring law reform initiatives in Europe and in many other regions of the world. These reforms reflect an emerging consensus as to the importance of such laws, both as a complement to macroeconomic stabilisation tools in times of extraordinary crisis, and as a determinant of investment conditions in more ordinary times. But it is one thing to recognise the importance of such laws in the abstract, and quite another to work out precisely how corporate restructuring rules should be designed.
This book explores some of the most complex aspects of designing such rules. It does so through the close analysis of the changes made by the enactment of the Corporate Insolvency and Governance Act 2020 (UK), and the interpretation of the new statutory provisions by the courts. Authors also draw on examples from other jurisdictions to analyse choices made in the UK, and in some cases offer separate evaluation of restructuring law reform processes outside the UK, including in select jurisdictions in the EU and in Africa, and in the US.
By drawing on experiences in other jurisdictions, the book casts new light on recent developments in English law, suggesting many avenues for further research and a range of implications for policymakers. An introductory chapter by the editors introducing the landmark 2020 reforms provides a detailed synopsis of each chapter of the book, drawing out connections between them, and articulates some themes that run through the chapters that are salient for policymakers.
Recent reforms to English law took place against the backdrop of corporate restructuring law reform initiatives in Europe and in many other regions of the world. These reforms reflect an emerging consensus as to the importance of such laws, both as a complement to macroeconomic stabilisation tools in times of extraordinary crisis, and as a determinant of investment conditions in more ordinary times. But it is one thing to recognise the importance of such laws in the abstract, and quite another to work out precisely how corporate restructuring rules should be designed.
This book explores some of the most complex aspects of designing such rules. It does so through the close analysis of the changes made by the enactment of the Corporate Insolvency and Governance Act 2020 (UK), and the interpretation of the new statutory provisions by the courts. Authors also draw on examples from other jurisdictions to analyse choices made in the UK, and in some cases offer separate evaluation of restructuring law reform processes outside the UK, including in select jurisdictions in the EU and in Africa, and in the US.
By drawing on experiences in other jurisdictions, the book casts new light on recent developments in English law, suggesting many avenues for further research and a range of implications for policymakers. An introductory chapter by the editors introducing the landmark 2020 reforms provides a detailed synopsis of each chapter of the book, drawing out connections between them, and articulates some themes that run through the chapters that are salient for policymakers.
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Product notice
Paperback (trade)
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 19 mm
Weight
518 gr
ISBN-13
978-1-5099-7842-7 (9781509978427)
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 Classification
Persons
Jennifer Payne is Professor of Corporate Finance Law and Kristin van Zwieten is Clifford Chance Professor of Law and Finance, both at the University of Oxford, UK.
Content
Foreword, Jay Lawrence Westbrook (University of Texas, USA)
1. Introduction, Jennifer Payne (University of Oxford, UK) and Kristin van Zwieten (University of Oxford, UK)
2. The UK Restructuring Plan in the New European Context, Gabrielle Ruiz (Clifford Chance, UK) and Philip Hertz (Clifford Chance, UK)
3. Rules of Priority in Restructuring Procedures, Kristin van Zwieten (University of Oxford, UK) and Sjur Swensen Ellingsaeter (BI Norwegian Business School)
4. The Cramdown: A Conceptual Framework, Riz Mokal (University of Aberdeen, UK), Stephan Madaus (Martin Luther University Halle-Wittenberg, Germany), Irit Mevorach (University of Warwick, UK), and Ignacio Tirado (UNIDROIT, Italy)
5. Floating Charge Envy, Edward Janger (Brooklyn Law School, USA)
6. Developing Restructuring Law in Silos: Part 26A and Unexpired Leases, Sarah Paterson (London School of Economics, UK) and Adrian Walters (Chicago-Kent College of Law, USA)
7. Commencing Corporate Insolvency Proceedings at the Right Time: Directorial Responsibility in Financial Distress, Felix Steffek (University of Cambridge, UK)
8. Freestanding Moratorium: Successes and Failures, Natalie Mrockova (University of Oxford, UK)
9. Restructuring Reforms in Africa and the Problem of 'Misfitted' Transplants, Winifred Tarinyeba Kiryabwire (Makerere University, Uganda)
10. Recognition in Cross-border Restructurings, Reinhard Bork (University of Hamburg, Germany)
11. The Lure of English Proceedings: Forum Selection from the United States to England, Anthony J Casey (University of Chicago, USA)
1. Introduction, Jennifer Payne (University of Oxford, UK) and Kristin van Zwieten (University of Oxford, UK)
2. The UK Restructuring Plan in the New European Context, Gabrielle Ruiz (Clifford Chance, UK) and Philip Hertz (Clifford Chance, UK)
3. Rules of Priority in Restructuring Procedures, Kristin van Zwieten (University of Oxford, UK) and Sjur Swensen Ellingsaeter (BI Norwegian Business School)
4. The Cramdown: A Conceptual Framework, Riz Mokal (University of Aberdeen, UK), Stephan Madaus (Martin Luther University Halle-Wittenberg, Germany), Irit Mevorach (University of Warwick, UK), and Ignacio Tirado (UNIDROIT, Italy)
5. Floating Charge Envy, Edward Janger (Brooklyn Law School, USA)
6. Developing Restructuring Law in Silos: Part 26A and Unexpired Leases, Sarah Paterson (London School of Economics, UK) and Adrian Walters (Chicago-Kent College of Law, USA)
7. Commencing Corporate Insolvency Proceedings at the Right Time: Directorial Responsibility in Financial Distress, Felix Steffek (University of Cambridge, UK)
8. Freestanding Moratorium: Successes and Failures, Natalie Mrockova (University of Oxford, UK)
9. Restructuring Reforms in Africa and the Problem of 'Misfitted' Transplants, Winifred Tarinyeba Kiryabwire (Makerere University, Uganda)
10. Recognition in Cross-border Restructurings, Reinhard Bork (University of Hamburg, Germany)
11. The Lure of English Proceedings: Forum Selection from the United States to England, Anthony J Casey (University of Chicago, USA)