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Blog 2012

2012-10-doc9 UK Supreme Court in 'Rubin' - Global Principles

Attached a landmark decision of the UK Supreme Court, handed down 24 October 2012 (Rubin and another v Eurofinance SA & Ors and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant & Ors, [2012] UKSC 46. The judgment is very clear in its decision regarding the (limited) effects of foreign insolvency judgments (outside the scope of the EU Insolvency Regulation) on the UK. It is equally clear in its dramatic move away from the principle of universalism, resulting in a set back of several trends and developments in case law and legislation world wide, reflecting this principle. See further my short note. On a personal note, the hearings in Rubin, end of May 2012, took place concurrently with the American Law Institute’s Annual meeting in Washington, where professor Fletcher and I presented the report Global Principles for Co-operation in International Insolvency Cases. See I have informed you earlier about this report. In July Fletcher and I have written a background and explanatory article about the Global Principles for Cooperation in International Insolvency Cases,  Lord Collins is referring to the Report in para. 13 of the judgment. It is gratifying that Lord Collins has not only studied the Report but cited Principle 13 ("International Jurisdiction") with approval in the judgment. We regard this Principle as the vital cornerstone of the Report, and it is very rewarding to have the endorsement of the UK Supreme Court at this early point in the process of dissemination of the report.2012-10-24 - Rubin + New Cap UKSC_2012 V2_Judgment (2)2012-10-24 Rubin et al - short note

2012-10-doc7 Insolvency Law -Chapter in Elgar Encyclopdia of Comparative Law

In the second ed. of Smits (ed.), Elgar Encyclopedia of Comparative Law, 2012, my chapter on "Insolvency Law" has been included, see 2012-07 - SMITS ENCY V2 CHAP 33 (Wessels) and for ordering details see Elgar Encyclopedia 2012 flyer

2012-10-doc8 On the Future of European Insolvency Law

See 2012-10-doc5 on this weblog. Here it the text of the 5th Edwin Coe Lecture, given on October 11th in Brussels.ON THE FUTURE OF EUROPEAN INSOLVENCY LAW- Wessels 2012-10-21

2012-10-doc1 Leiden: Specialisatiecursus Ondernemingsrecht 2013

[Leiden Law School 10 half-day session Specialising in Company Law 2013] Onder leiding van prof. I.Wuisman en advocaat mr R. Wolf gaat in februari 2013 een tien halve-dagen Specialisatieopleiding Ondernemingsrecht van start. Zie Flyer Ondernemingsrecht

2012-10-doc2 Lehman Protocol

To support my Leiden Law School master-student in their study International and European Insolvency Law I provide the much discussed Lehman Brothers Protocol. CrossBorderProtocol - Lehman Bros