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2017-08-doc6 Presenting Business Rescue Report in Vienna

The European Law Institute (ELI), established in 2011 [www.europeanlawinstitute.eu], is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions, its mission is the quest for better law-making in Europe and the enhancement of European legal integration. By… Read More »2017-08-doc6 Presenting Business Rescue Report in Vienna

2017-08-doc4 Australia looks at Dutch draft legislation

Geoff Green, a strategist from the National Australia Bank, talks about the ‘undercover administrator’ indicating the ‘intended insolvency practitioner’ (beoogd curator) in present draft legislation in the Netherlands, see australianloanrestructuringissues.com. The blog uses the Dutch reform to focus on the issue of non-publicity and what Australia is doing to minimise the problem. The person playing the role of the intended… Read More »2017-08-doc4 Australia looks at Dutch draft legislation

2017-07-doc4 Are Swedish courts following the Durch court’s example?

Last week I blogged that the Dutch courts appeared to be the first court in a EU Member State to disclose that it is open for cross-border communication and cooperation in insolvency cases under the aegis of the EU Insolvency Regulation (recast), see blog/2017-07-doc3-does-district-court-midden-nederland-lead-the-way. I stressed the importance of available EU Cross-border Insolvency Court-to-Court Cooperation Principles and Guidelines (also “JudgeCo”… Read More »2017-07-doc4 Are Swedish courts following the Durch court’s example?

2017-07-doc3 Does District Court Midden-Nederland lead the way?

District Court Midden-Nederland seems the first court in a EU Member State to disclose that it is open for cross-border communication and cooperation in insolvency cases under the aegis of the EU Insolvency Regulation (recast), see www.rechtspraak.nl/English/Pages/International-Insolvency). The site starts with the following introduction, thereby setting a great example for courts in other Member States to follow: ‘On 26 June… Read More »2017-07-doc3 Does District Court Midden-Nederland lead the way?

2017-06-doc9 Increased attention for ALI-III Global Principles for Cooperation of 2012

Last Monday the Board of Directors of the International Insolvency Institute (III) decided to republish and redistribute the American Law Institute-International Insolvency Institute (ALI-III) Global Principles for Cooperation in International Insolvency Cases, incorporating Global Guidelines for Court-to-Court Communications in International Insolvency Cases, originally adopted in 2012. Recent developments in the regulation of cross-border court-to-court cooperation in insolvency and restructuring cases… Read More »2017-06-doc9 Increased attention for ALI-III Global Principles for Cooperation of 2012

2017-06-doc8 Standard forms for use under the EIR Recast

OJ L 160/1 of 22 June 2017 publishes the European Commission’s regulation ‘… to ensure uniform conditions for implementing Regulation (EU) 2015/848’, with several forms. The regulation contains 4 of these forms: (i) the standard notice form to be used to inform known foreign creditors of the opening of insolvency proceedings (Art. 54(3) EIR 2015), (ii) the standard claims form… Read More »2017-06-doc8 Standard forms for use under the EIR Recast

2017-06-doc4 EU Insolvency law after Brexit

BREXIT AND THE FUTURE OF EUROPEAN INSOLVENCY Discussion between Gabriel Moss Q.C. and prof. Bob Wessels European Law Academy, Trier, 8 June 2017 Short notes Wessels Approach can be idealistic (let’s keep as much of the Insolvency Regulation in place) versus realistic. The latter is mine: so, in the absence of any specific agreement, the UK will have the status… Read More »2017-06-doc4 EU Insolvency law after Brexit

2017-06-doc3 Fifth edition Fletcher – The Law of Insolvency

Some legal academics have a prominent influence in their field of expertise for some decades. For English insolvency law such an academic is Ian Fletcher, an emeritus professor of International Commercial Law, University College London. Even though having a time-honoured status, Fletcher is not retired, rather he is still active. Last month he delivered – via his publisher Sweet &… Read More »2017-06-doc3 Fifth edition Fletcher – The Law of Insolvency

2017-05-doc7 EU Bank Insolvency Law – new book

Hazelhoff Centre for Financial Law series includes a new publication: New Bank Insolvency Law for China and Europe, Volume 2: European Union. It’s over 200 pages and has been written by prof. Matthias Haentjens, Lynette Janssen, PhD candidate and myself, all from Leiden Law School. The current volume provides a comprehensive analysis of the current EU bank insolvency framework, discusses… Read More »2017-05-doc7 EU Bank Insolvency Law – new book

2017-05-doc4 Insolvency registers in the EU

Under the new Insolvency Regulation Member States will be required to publish relevant information on cross-border insolvency cases in a publicly accessible electronic register. The aim is to improve in the EU the provision of information to relevant creditors and courts, and to prevent the opening of parallel insolvency proceedings. Furthermore, in order to facilitate access to that information for… Read More »2017-05-doc4 Insolvency registers in the EU