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Blog 2011

2011-11-doc4 Netherlands Ass. for Comparative and International Insolvency Law

Two months ago the Netherlands Association for Comparative and International Insolvency Law has been established. Within two months it attracted 100 members! Learn more about its activities, see2011 NVRII invitation English

2011-10-doc5 Third edition Wessels, "International Insolvency Law" forthcoming

This week I have forwarded to the publisher (Kluwer, The Netherlands) the fully revised text of my book International Insolvency Law. Its second edition was from 2006 (published prior to the Eurofood decision). The third edition is expected to be published February/March 2012. I was able to include comments to some 350 court cases, including some 50 cases with regard to Chapter 15 U.S. Bankruptcy Code. Most cases in respect of the EU Insolvency Regulation come from Belgium, France, Germany, the UK and the Netherlands, see the attachment with just a selection of 2009-2011 court cases. One can see that in it also cases from Spain, Poland, Sweden and Italy are covered in the third edition.Selection of court cases 2009-2011 3rd ed.

2011-10-doc4 Estonian dissertation on Secondary proceedings

Last week I was at the premises of the Faculty of Law, Univerity of Tartu, Estonia. Signe Viimsalu defended, with success, her doctoral thesis "The meaning and function of secondary insolvency proceedings". Her research has been supervised by Professor Paul Varul and by me. See attached a summary of Viimsalu's conclusions. 2011-10-12 DT Viimsalu - summary to Wessels. See also a picture taken after the defense. From left to right: Wessels, professor Stefania Bariatti (opponent, University of Milan), Signe Viimsalu, professor Paul Varul and associate professor Rimvydas Norkus (opponent, Mykolas Romeris University, Vilnius, Lithuania).DSC01614

2011-10-doc2 ALI-III Global Principles report completed

In recent year several times I was able to report of the development of the ALI-III Global Principles for Cooperation in International Insolvency Cases. Attached is the final version of the Report, written by prof. Ian Fletcher and myself. The text has changed considerably by comparison to the full text preliminary draft distributed in April 2010, and now consists of a main part (comprising the Global Principles for Cooperation together with the Global Guidelines for Court-to-Court Communications) plus an Appendix containing a glossary of terms and descriptions. We have given further thought to the body of Global Rules on Conflict of Laws which have been developed during the course of this project, and have decided that these should be treated as a basis for further work which could be undertaken in a subsequent project to be undertaken by the American law Institute (ALI) and the International Insolvency Institute (III), or possibly by either or both of those organisations in conjunction with another appropriate organisation (such as the Hague Conference on Private International Law, or UNCITRAL). The Global Rules are therefore attached as an Annex to this Report, rather than being put forward as an integral part of it. It is now up to the institutions mentioned to come to the final stage of formal approval of the Report to the institutions by which it was commissioned. As Fletcher and I have reached the completion of our joint labours we wish to express our appreciation to the ALI and the III for the privilege of having served as Joint Reporters for this most timely and important project and to all others that have given us input. We cherish the hope that the outcome will make a significant contribution to the architecture of international insolvency. For the Report see 2011-09-30 Report ALI-III Global Principles

2011-10-doc3 Elected as Fellow of the European Law Institute

Recently I was elected as Fellow (member) of the European Law Institute (ELI). See Press release Fellow ELI