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2023-03-doc1 Independent territorial insolvency proceedings

Opening independent territorial insolvency proceedings prior to any main insolvency proceedings is the second part of highlighting independent territorial insolvency proceedings under the EU Insolvency Regulation (recast) (EIR 2015). The first part was published in May 2022 and related to the rather exceptional case where territorial insolvency proceedings were opened prior to the opening of main insolvency proceedings (Article 3(4)… Read More »2023-03-doc1 Independent territorial insolvency proceedings

2023-02-doc1 Russia sanctions impacting insolvencies

I wil discuss how Russia sanctions have permeated a Dutch insolvency and I will make a case for a pan-European approach towards the impact of public law measures on insolvency law. ATB case. The case at hand concerns Amsterdam Trade Bank NV (ATB), which operates out of the Netherlands and has 23,000 private account holders. The bank has Russian connections… Read More »2023-02-doc1 Russia sanctions impacting insolvencies

2023-01-doc3 American Law Institute 1923 – 2023

In 2023 the American Law Institute (ALI) will celebrate its 100th anniversary. Since decades, ALI is the leading independent organization in the US producing scholarly work to clarify, modernize, and otherwise improve the law. With its Restatements of the Law, Model Codes, and other soft law instruments, ALI is enormously influential in the US courts and its legal research and… Read More »2023-01-doc3 American Law Institute 1923 – 2023

2023-01-doc1 COMI and ascertainability by third parties

The English Court of Appeal’s decision in East-West Logistics v Melars Group (East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 of 28 October 2022 draw my attention, especially by the concurring view of one of the judges, Lord Justice Lewison. Lord Justice Lewison is known to me from the famous Stanford International Bank case of 2009, which… Read More »2023-01-doc1 COMI and ascertainability by third parties

2022-12-doc3 Harmonisation of Corporate Insolvency Law in the EU: some background

In the second week of December 2022, the European Commission has put forward measures to further develop the EU’s Capital Markets Union (CMU). These measures concern three areas (a) to make EU clearing services more attractive and resilient, supporting the EU’s open strategic autonomy and preserving financial stability (b) to harmonise certain corporate insolvency rules across the EU, making them more efficient and… Read More »2022-12-doc3 Harmonisation of Corporate Insolvency Law in the EU: some background

2022-12-doc1 – Int’l jurisdiction under the EIR, ready for improvement

Prior to 2017, courts in EU Member States (including UK pre-Brexit) have been rather lax and inattentive to verify a debtor’s international jurisdiction, giving room for especially individuals to manipulate COMI. Consequently, such judgments led to overstretching the public policy exception to refuse recognition. Articles 4 and 5 of the EU Insolvency Regulation aim to resolve this with a careful… Read More »2022-12-doc1 – Int’l jurisdiction under the EIR, ready for improvement

2022-11-doc4 Towards a review of the Dutch IP profession

The EU (without Denmark) is an economic market, with 27 member states. All these states have their own national insolvency system. In this whole European region there are presently around 120 types of national insolvency proceeding, which is around 4.5 per member state. As examples: Belgium lists eight proceedings (in Dutch and in French), Estonia two, Ireland no less than… Read More »2022-11-doc4 Towards a review of the Dutch IP profession

2022-11-doc3 English Corporate Insolvency Law. A Primer.

The book ‘English Corporate Insolvency Law’ is, as its subtitle says, a primer. It offers an introduction and analysis guide and update readers with the recently significantly revised English corporate insolvency rules and procedures. Readers will not be disappointed as it gives a well-reasoned overview of the full system, including references to case law and literature. Contents of the book.… Read More »2022-11-doc3 English Corporate Insolvency Law. A Primer.

2022-11-doc2 Second ed. of Bork & Mangano European Cross-border insolvency law

Recently, the second edition of ‘European Cross-Border Insolvency Law’, written by professors Reinhard Bork and Renato Mangano was published. It is an up-dated version of the first edition, published in 2016. I refer to the comparative review I published on https://bobwessels.nl/blog/2016-10-doc7-book-reviews-eir-recast/, comparing Bork/Mangano with the 2016 version on the same topic of Gabriel Moss, Ian F. Fletcher and Stuart Isaacs… Read More »2022-11-doc2 Second ed. of Bork & Mangano European Cross-border insolvency law

2022-11-doc1 COMI, habitual residence, England or Bulgaria?

The case of Kooter v The Official Receiver & Ors [2022] EWHC 2683 (Ch) (24 October 2022) is a colourful case concerning the international jurisdiction of the courts in England and Wales. It is interesting reading material (i) about English procedural law and practice concerning a hearing for the annulment of a bankruptcy order from March 2019, and (ii) the… Read More »2022-11-doc1 COMI, habitual residence, England or Bulgaria?