It is with great sadness that I read the announcement below about the passing away of Eric Dirix. He was professor emeritus at the University of Leuven and a justice in the Belgian Court of Cassation (Supreme Court) for more than 20 years. His significance for private law in Belgium,… Read More »2402-02-doc 3 Passing away of Professor Eric Dirix
Ensuring smoother electronic communication in cross-border judicial cooperation in civil, commercial and criminal matters is the aim of a recently-published regulation on the digitalisation of cross-border judicial cooperation and access to justice: Regulation (EU) 2023/2844. Among other things, the new regulation amends the EU’s Insolvency Regulation (EIR 2015). Published at… Read More »2024-02-doc2 EU embraces digitisation of national legal systems
In Europe, the availability of the EU Insolvency Regulation (Recast) (EIR 2015) serves as a solid rock in EU-related cross-border insolvency matters. The last five years, case law has been rather scarce. But in international insolvency practice the Regulation plays its role as tool to include when weighing options to… Read More »2024-02-doc1 Where is EU Insolvency Law heading in 2024?
De privaatrechtelijke masters van de Erasmus School of Law verrassen elk jaar weer. Al weer het zestiende deel van de serie Jonge Meesters bevat elk jaar het resultaat van onderling afgestemde scripties van afgestudeerden. Vorig jaar lag de focus op “Publiek privaatrecht”, met tien bijdragen over publieke doelen en belangen… Read More »2023-12-doc2 Persoonlijk privaatrecht
A Dutch court’s approval of Diebold Nixdorf Dutch Holding BV’s WHOA scheme recently allowed it to achieve and implement a parallel restructuring plan in the United States. On 7 August, the US Bankruptcy Court for the Southern District of Texas ordered the recognition and enforcement of Diebold Nixdorf Dutch Holding… Read More »2023-12-doc1 The Dutch WHOA scheme as a successful tool in international restructurings
Under international law, a presumption of immunity applies to goods of a foreign state, which makes them untouchable by seizure. This rule has an exception in the event it has been established that the goods in question are being used by the foreign state, or are intended to be used,… Read More »2023-11-doc1 Sovereign Wealth Fund shares – Immune from execution?
On 29 August, Global Restructuring Review (GRR) reported that the Zeeland-West-Brabant District Court in the Netherlands had given its reasons for granting a “worldwide stay” (“Dutch court issues reasons for unprecedented Ch11-style stay”). To avoid confusion, what the Dutch court granted is a stay in the meaning of the local… Read More »2023-10-doc1 Who it the “foreign representative” under the Model Law (MLCBI)?
A recent case in April 2023 before the Netherlands Commercial Court attracted attention from lawyers all over the globe. The topic in simple words: can digital data be owned? Can it be the subject of property rights and, if so, can it be transferred to another party or be the… Read More »2023-09-doc1 Can digitaldata be the subject of property rights?
Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups is the title of a book that I have written together with my Leiden colleague Ilya Kokorin. In May 2021 it has been published by Edward Elgar Publishing in the series Elgar Corporate and Insolvency Law and Practice. Cross-border insolvency protocols were… Read More »2023-08-doc2 Lost and Found: Database of insolvency protocols
Article 369(10) of the Dutch Bankruptcy Act (DBA) stipulates that there is no legal remedy against decisions of the court within the framework of the WHOA scheme. Is this rule in accordance with Article 16 of the EU Preventive Restructuring Directive 2019/1023 regarding appeals? In the Netherlands, in principle, no… Read More »2023-08-doc1 Should parties have the right to appeal a restructuring plan?