The second module of the Global Practice Course of INSOL International, leading to an INSOL Fellowship for those who pass all exams, will take place 12-14 September in Shanghai. I will discuss recent develepments in international insolvency law in Europe, relating to developments in countries and to developments regarding the application of the EU Insolvency Regulation. Attached are the hand outs. NOTE: AS PER 24 SEPTEMBER 2008 DELETED.
The Leiden University has rewarded an application for organisating an Honours Programme 2008-2009 on “Comparative and International Insolvency Law”. Periodic economic downturns often result in creditors chasing for the assets, located all over the world, of their financial distressed debtors. Recent cases include the Russian Oil Giant Yukos, Parmalet, auto-part supplier Collins & Aikman and Rover car manufacturer. The quest for satisfaction has over the past two decades led to creditors seeking assistence of courts abroad to recover debts owed them. However, the disparate nature of domestic insolvency systems globally and the lack of efficient and effective international conventions lead to unsatisfactory results. In recent times legislative rules, guidelines and best practices have been developed to promote and enhance cross-border insolvency problems, to cope with the challenges of this aspect of globalisation. Sources of these rules and guidelines include the EU, USA, Japan, South-Africa and such international organisations as the Worldbank and the United Nationas Committee on International Trade Law (UNCITRAL) and associations of professionals (e.g. American Law Institute, INSOL International, INSOL Europe). The aim of the Honours Class is to offer to advanced bachelors (form the Netherland and abroad) insights as well as tools to analyse international regulation and adopted best practices. The programme will deepen understandig of the important role of the collaboration of legal science and international insolvency practice in analysing, drafting and applying these. http://bobwessels.nl/uploads/2008/09/honours-programme-2008-20092.pdf
László Csia, from Hungary, interviewed me concerning several issues related to the Insolvency Regulation. Here is a draft of the proof.
Onder de titel "De bewindvoerder, een octopus" verschijn dit najaar een bundel artikel gewijd aan het Voorontwerp Insolventierecht. Aan mij was verzocht een aantal verplichtingen van de bewindvoerder te belichten. Zie bijgaande proef.
The EU Insolvency Regulation contains 5 categories of judgments for which the international jurisdiction of the court, its recognition and its enforcement in other Member States is regulated differently. The complexities of this system is recognised and courts of the highest instance of the Member States of Spain, Poland, Germany and recently the Netherlands have referred questions to the European Court of Justice. During lectures at the Riga Graduate School of Law in July these questions were discussed. For an overview, see the attached article, to be published in Nederlands Tijdschrift voor Handelsrecht, september/oktober of de aflevering daarna.