[NEW BOOK: SPECIFIC CONTRACTS] In september 2006 is verschenen nr. 6 in de Studiereeks Burgerlijk recht, getiteld 'Bijzondere overeenkomsten'. Het is door een tiental auteurs geschreven primair voor het master-onderwijs en staat onder redactie van mijzelf en Mr A.J. Verheij. In de derde week van september is het aangekondigd als boek van de week door Boekhandel Jongbloed.
IS YUKOS WELCOME IN THE NETHERLANDS? Two recent judgments of the District Court in Amsterdam (dated 11 August and 17 August 2006) demonstrate the way the principle of territoriality of insolvency proceedings works in the Netherlands. The case demonstrates too the interrelationship between Russian, American and Dutch jurisdictions in the saga of OAO Yukos Oil Company, a company having its registered office in Moscow which has been established and is organised under the laws of the Russian Federation. The attached notes are based on a presentation made during a conference of the American Bankruptcy Institute in London, September 8, 2006. 2009-09-doc1
TWENTY SUGGESTIONS FOR A MAKEOVER OF THE EU INSOLVENCY REGULATION The EU Insolvency Regulation has been in force for over four years now. The balance appears to be positive however the handling of cross-border insolvencies within the Community could certainly be improved. A list of 20 recommendations follows below. The list is by no means exhaustive. The recommendations are presented with the intention of providing food for thought for the evaluation process pursuant to Article 46 InsReg. 2006-09-doc4
During a well attended Annual Conference of INSOL Europe in Bucharest (Romania) the Public Draft September 2006 of the “European Communication and Cooperation Guidelines For Cross-border Insolvency” were discussed. The draft of the Guidelines have been produced by prof. Miguel Virgós (Spain) and myself. See for a short introduction the attached document Eurofenix Autumn 2006, page 7. Eurofenix Autumn Page 7.pdf The aforementioned Public Draft is attached too. See 2006-10-doc1. 2006-10-doc1 PublicDraftGuidelines September 2006.pdf Saturday September 30 we presented the Guidelines and, based on a hypothetical, the audience was able to vote on some 15 practical questions. The audience consisted of around 200 insolvency practitioners, representing 20 jurisdictions (mainly European). Some of the outcomes of the poll are presented in the attached 2006-10-doc2. 2006-10-doc2 Co Co discussion.pdf
Attached are the power point slides used during a presentation at the International Bar Association's meeting of the Section on Insolvency and Creditors Rights, September 18, 2006, in Chicago. See also my article 'The Place of the Registered Office of a Company: a Cornerstone in the Application of the EC Insolvency Regulation', in: 3 European Company Law, August 2006, 183ff, which is available on my website. 2006-09-doc2