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Welcome /  Blog /  2014-12-doc6 JudgeCo Principles and Guidelines - the last phase

2014-12-doc6 JudgeCo Principles and Guidelines - the last phase

On this blog I have reported regularly about the project (funded by the European Commission implementing its programme on improving cross-border judicial cooperation and the International Insolvency Institute, III) establishing non-binding principles and guidelines for such cooperation in insolvency cases. The project is a joint venture between the Leiden Law School (www.tri-leiden.eu) and the Nottingham Law School. We have discussed and debated the draft JudgeCo Principles and  Conclusion with some 200 judges from nearly all EU Member States, during international conferences in Amsterdam, Barcelona, Durbuy (Belgium) Opatija (Croatia), Riga and Trier. the documentation the judges received included the attached paper 'Towards a Next Step in Cross-border Judicial Cooperation'. In the paper I conclude, that the court cases mentioned demonstrate the usefulness of non-binding rules (soft law), providing not only food for thought but also guidance for courts. Unrelated to insolvency, in its method and result I regard the JudgeCo project briefly described in the paper as an instrument of choice in solving international commercial disputes in which a new concept of ‘judicial comity’ is evolving, providing a framework of ground-rules for establishing and developing judicial dialogue both in a general context and in relation to a specific case. In the light of history in England & Wales, cooperation between judges and academics as we have experienced in the JudgeCo project is truly remarkable. Direct and indirect court-to-court communication may enhance international collegiality that has emerged amongst judges in cross-border insolvency cases, a form of judicial globalisation that will lead to the development of more cross-border methodologies such as protocols. This is of considerable interest to EU Member States that already have adopted (e.g. Poland, Romania, UK, Slovenia and Greece) or are considering adopting the UNCITRAL Model Law on Cross-Border Insolvency 1997, whose Article 27 provides a non-exhaustive list of how cooperation may be implemented, including through communication between courts and office-holders as well as cooperation through co-ordinating concurrent proceedings. The EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines (or: JudgeCo Principles and Guidelines), in its final form, will indeed symbolise a next step in cross-border judicial cooperation in insolvency cases and contribute to an efficient and effective administration of insolvency cases. In the next two weeks the JudgeCo Principles and Guidelines will get their final form, using the comments and suggestions received from judges and other interested parties. In their final form you may find them on this blog (my guess mid January 2015) and via www.tri-leiden.eu.Wessels - Amsterdam JudgeCo paper