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2020-04-doc1 Three stept to get out of the Insolvency Valley II

2 April 20202 April 2020
by Bob Wessels

Inspired by joint reflection within the board of the Conference on European Restructuring and Insolvency Law (CERIL), www.ceril.eu, and based on similar considerations and recommendations made on Friday, 20 March 2020 (see http://www.ceril.eu / news / ceril-executive-statement-2020-1-on-covid-19-and-insolvency-legislation /), I posted on 25 March 2020 my blog, in Dutch (https://bobwessels.nl/blog/2020-03-doc4-drie-stappen-om-uit-het-insolventie-dal-te-komen/, in which I proposed a three-step solution for the Netherlands to… Read More »2020-04-doc1 Three stept to get out of the Insolvency Valley II

2020-03-doc3 New Insolvency Code of Ethics in UK

14 March 2020
by Bob Wessels

In the UK a new Insolvency Code of Ethics will apply from 1 May 2020 to all insolvency practitioners in the UK. The Code had to be brought up to date, particularly in relation to to referrals of work and commissions, the use of advertising, websites, purchasing of data and with more services are being offered by firms of IPs.… Read More »2020-03-doc3 New Insolvency Code of Ethics in UK

2020-02-doc10 Applicable law in cross-border insolvency cases

27 February 2020
by Bob Wessels

Applicable Law in Cross-Border Insolvency Proceedings is dominating the international insolvency world. In a few months two major events take place, one in Europe and one in the US. The European Commission DG Justice and Consumers, the Croatian Presidency of the Council of the EU (seconded by the Ministry of Justice Croatia), with the Faculty of Law of the University… Read More »2020-02-doc10 Applicable law in cross-border insolvency cases

2020-02-doc7 In re Strugeon – a new step of UK court in cross-border insolvency?

21 February 2020
by Bob Wessels

Last month, an interesting desicion was published of the High Court of Justice (Judge Briggs) of England and Wales. The court presents a significant development in cross-border insolvency law. The case is In Re Sturgeon Central Asia Balanced Fund Ltd (in liquidation) [2019] EWHC 1215 (Ch). The court held (among many other things) that solvent proceedings cannot be recognised under… Read More »2020-02-doc7 In re Strugeon – a new step of UK court in cross-border insolvency?

2020-02-doc5 Yukos arbitration cont’d

19 February 202019 February 2020
by Bob Wessels

In a judgment of 18 July 2014, an Arbitration Tribunal had sentenced the Russian Federation (RF) to pay a total of approximately US $ 50 billion to the three shareholders as damages. The facts have been widely covered in business media. The Tribunal was of the opinion that it was not really the Russian Federation’s duty to collect taxes from… Read More »2020-02-doc5 Yukos arbitration cont’d

2020-02-doc2 Creating a reliable cross-border insolvency system after Brexit

7 February 20209 February 2020
by Bob Wessels

Recognition and enforcement of civil judgments is an important tool in effective and reliable cross-border business. The guillotine-effect of Brexit would result in an uncertain, unpredictable, costly and undignified commercial battle without such a tool. A first sign for looking for providing certainty on which country’s courts may hear a civil or commercial cross-border dispute and that ensures that the… Read More »2020-02-doc2 Creating a reliable cross-border insolvency system after Brexit

2020-01-doc5 Finding your way to the Insolvency Law Collection

28 January 20205 February 2020
by Bob Wessels

A few years after my retirement from the Leiden University in 2014, I donated the larger part of my books, reports and other data on international insolvency law to a Dutch legal foundation carrying my name (‘Stichting Bob Wessels Insolvency Law Collection’, BWILC). The statutory object of the foundation is to promote the interest and knowledge of international and comparative… Read More »2020-01-doc5 Finding your way to the Insolvency Law Collection

2020-01-doc4 Relative priority rule explained

22 January 202026 January 2020
by Bob Wessels

Professor Stephan Madaus, my colleague from the German University of Halle Wittenberg, recently posted, what he calls ‘A Simple Guide to the Relative Priority Rule’. With a more detailed version to be published, he points at the Directive (EU) 2019/1023 on Restructuring and Insolvency, which provides for a new rule to assess the fairness of the distribution of value under… Read More »2020-01-doc4 Relative priority rule explained

2020-01-doc3 Consumer insolvency in Europe

18 January 202026 January 2020
by Bob Wessels

For over three decades individual EU Member States have adopted specific insolvency regimes regarding natural persons, sometimes also termed ‘consumers’, ‘non-merchants’, ‘non-traders’ or ‘natural persons who are not entrepreneurs’, see Article 2(h) Restructuring Directive 2019/1023. In 1998, the Netherlands adopted as one of the last in the European Community (at that time) their debt rescheduling regime. In the second decade… Read More »2020-01-doc3 Consumer insolvency in Europe

2020-01-doc2 Enrol for Leiden’s ICCL study

14 January 202014 January 2020
by Bob Wessels

Leiden University’s International Civil and Commercial Law (ICCL) programme is around for some ten years. It is a prime fit for a law graduate looking to pursue a challenging master’s study or for a legal practitioner understanding that law is not just what you know from your national legal box but if you wish to specialise in various private and… Read More »2020-01-doc2 Enrol for Leiden’s ICCL study

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