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Blog 2012

2012-01-doc4 Lecture Madrid on harmonisation of insolvency law in Europe

For the second time the University San Pablo-CEU, Madrid, organises its Master "Insolvency Law" programme, in which I will teach the last week of February 2012. There will be an additional seminar, for which practitioners and judges have been invited, where I have been invited to speak (and discuss) the topic of Harmonisation of insolvency law in Europe. As this development is rather new, in the title of my lecture I added the words "The fist steps". I will mainly concentrate on the European Parliament resolution of 15 November 2011 "with recommendations to the Commission on insolvency proceedings in the context of EU Company law" (2011/2006(INI)). The resolution is attached. 2011-10 EP 2011-2006(Final)

2012-01-doc3 Lecture INSOL International Fellowship course

After my last lecture, mid December 2011, in Cagliari, Sardinia (see my blog), lecture season 2012 starts. Tuesday January 17 I will be lecturing in Senate House, one of the locations of the University College London, for some 20 participants to the Fellowship course of INSOL International. With prof. Fletcher (London), prof. Sarra (Vancouver) and prof. Boraine (Pretoria) I took the initiative to organise this course. Since its start in 2007 some 80 practitioners of some 20 countries have followed this course, which is one of the best and most demanding courses in the global field. My topic is "international jurisdiction", so cases such as Daisytek, Eurofood and Probud will be discussed, but also the more recent CJEU cases, such as Interedil of 20 October 2011 (C-396/09) and Rastelli Davide of 15 December 2011 (C-191/10). These latter cases are attached. 2011-10-20 CJEU - Interedil 2011-12-15 CJEU Rastelli Davide e C. Snc v Hidoux

2012-01-doc5 27 January: Report to Council of ALI

A next phase in the large project “Global Principles for Cooperation in International Insolvency Cases” has been entered into. Prof. Fletcher and I will present our Report to the American Law Institute Council on January 27 in Philadelphia. Compared to the last draft (of September 2011) further commentary and discussion now has led to the following structure: 37 Global Principles for Coordination of International Insolvency Cases; 18 Global Guidelines for Court-to-Court Communication in International Insolvency Cases; A list of over 150 terms and expressions; and as an Appendix to the Global Principles, the Reporters’ Statement with 23 Global Rules on Conflict of Laws Matters in International Insolvency Cases. We believe we can fairly claim that our Report fulfils the commission ALI entrusted to us at the time of our appointment as Joint Reporters for this project in February 2006. We have succeeded in demonstrating that the essential provisions of the ALI’s Principles of Cooperation Among the NAFTA Countries, subject to certain necessary modifications, are fully capable of acceptance in jurisdictions across the world. The Report has been produced in collaboration with expert consultants representing more than 30 different countries, reflecting a wide and representative cross-section of the different legal traditions and styles. The Report was finalised in December 2011 and we have been able to take into account  extremely valuable and positive comments received since that text was circulated, in September 2011. In particular, we are immensely grateful for the constructive suggestions for improving the drafting of our black-letter provisions received from new York Judge Elizabeth Stong, from Bruce Leonard (Cassels Brock, Toronto, Chair International Insolvency Institute) and insightful comments sent on behalf of III by Professor (formerly Judge) Sam Bufford. The full Report (over 270 pages) is available via The black letter text of the Global Principles is attached. 2012-01-01 Global Principles and Global Guidelines

2012-01-doc1 Als ik Minister was ...............

Onder de titel "Als ik Minister van Veiligheid en Justitie was" start het tijdschrift Mr met een serie bijdragen. In het februarinummer worden de genodigden gevraagd hun plannen ten aanzien van "insolventierecht" te ontvouwen. Bijgaand mijn bijdrage.Als ik Minister van Veiligheid en Justitie was

2012-01-doc2 Book "International Insolvency Law" 3rd ed. in production

The third edition of my book "International Insolvency Law" is in production (Deventer, Kluwer publishers). The growing body of literature and cases resulted (according to the proof prints) in some 1000 pages! The book is expected to be on the market the first half of March 2012. As a teaser a list of court cases of 2010 and 2011 (til September 2011, when I finalised my manuscript), which are dealt with in the book, is attached Court Cases 2010