Wessels International Insolvency Law aims to be a first port of call on any question on international insolvency law for specialists (such as practitioners, judges and scholars), but also for those who are rather new to the subject, including legislators and students. The present book is International Insolvency Law: Part II European Insolvency Law, and was published by Wolters Kluwer, on the market first week September 2017.
The first part of the book, International Insolvency Law – Part I Global Perspectives on Cross-Border Insolvency Law, was published late 2015. See blog/2016-01-doc6-wessels-international-insolvency-law-part-i. Both parts form the fourth edition of its original version.
The core of International Insolvency Law Part II contains an extensive treatment of the EU Insolvency Regulation (2015/848) which came into effect on 26 June 2017. This Regulation further builds on the Insolvency Regulation 1346/2000 and further clarifies or amends concepts known from this latter Regulation. It also introduces new rules, e.g. on group coordination proceedings. Account has been given to the enormous volume of literature (mainly from the Netherlands, Austria, Belgium, England, France and Germany). Also English and German literature regarding the new regulation has been considered.
The other important source are court cases. Since the last edition some 200 cases have been included on many of the (detailed) questions that come up in practice. Special attention has been given to the main themes in recent debates, such as the definition of collective insolvency proceedings, the meaning of the term centre of main interest (COMI) and the more strict rules for courts to determine jurisdiction, the system of conflict of law rules in the new EU Insolvency Regulation, the rather complicated system of recognition and enforcement of other (insolvency related, ‘annex’) judgments, practical tools and recommendations for communication and cooperation in cross-border insolvency cases and the specifics of group coordination proceedings.
The law is stated as per May 1, 2017. A comprehensive bibliography and consolidated tables (of Part I and II) on cases and a consolidated index have been included. The book (in English) also appears as Volume X in the (Dutch) series Wessels Insolventierecht.
Further information and ordering details, see 201708_wessels-part-ii-wolters-kluwer-brochure.pdf