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Blog 2008

2008-09-doc8 Message re 2008-09-04

Blog document 2008-09-04 is empty. The message and its attachment are on their way to the galactic. It siad that my Leiden University Inaugural Lecture, delivered early June, will be published by Kluwer, Deventer, the Netherlands. See the proff of the cover.omslag-wessels-oratie-rev1-1

2008-09-doc1 Honours Class Leiden: Comparative & Int'l Insolvency Law

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.

2008-07-doc8 Spanish and Dutch International Insolvency Law Compared

A master thesis, written by Frederiek Bulten and Marie-Louise Nauta-de Smit and defended in June 2007 at the Leiden Law School, contains a comparative analysis of two recently drafted domestic legislations on cross-border insolvency relating to non-Member States countries, namely Spain and the pre-draft of November 2007 of the Netherlands. The Spanish Act entered into force in September 2004 and has been influenced by both the Model Law and the European Regulation. The Dutch Pre-Draft too extensively reflects the provisions of the Regulation and is influenced by the Model Law.The master thesis is supervised by me and by professor Ángel Ballesteros of the University of Seville in Spain. Personally I think the thesis symbolises the benefit of cooperation between academics from several jurisdictions, both for the students as for the supervisors, and I would gladly be of assistance in supporting other initiatives. thesis

2008-07-doc9 Dutch Supreme Court refers question to ECJ

The Dutch Supreme Court on 26 June 2008 has referred a question for interpretation to the European Court of Justice with regard to Article 25(2) EU Insolvency Regulation. See the

2008-07-doc7 Global cooperation between academics

With pleasure I refer to an article of Paul Omar (University of Sussex) mentioning several projects within which academics in (international) insolvency law communicate and cooperate together. Anyone with an interest also can ask for further information via See his article.