Since 1990, the most classic publication to understand English corporate insolvency law is the book of Roy Goode. In autumn of 2018 it has been published in its fifth edition, edited by Kristin van Zwieten. On the continent, she will be most known for the 2016 book with an extensive commentary on the EU Insolvency Regulation (Recast), edited together with… Read More »2019-02-doc8 Principles of Corporate Insolvency Law, 5th ed.
Insolvency crossing border is heavily debated. The EU has provided a legislative resonse in the Recast of the Insolvency Regulation. UNCITRAL knows close to 50 countries have adopted the Model Law, and UNCITRAL too is close to the finalisation of a separate Model Law on Group enterprise insolvency. Notwithstanding case law resulting from Yukos in the Netherlands, the legislature is… Read More »2019-02-doc4 Cross-border insolvency law in Argentina
In legal theory, the regulation of cross-border insolvency is dealt with from two different angles. Under the universalist approach, cross-border insolvencies are administered pursuant to a single global insolvency regime. All of the debtor’s assets are distributed by a single insolvency office holder, regardless where the assets or claimants are located. The ideal of universalism is one court, one law… Read More »2019-01-doc3 Modified universalism in European cross-border insolvency?
In her book The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps, University of Nottingham’s professor of international commercial law Irit Mevorach explores theoretical and practical developments in the field of cross-border insolvency. She uses a wide scope including both commercial entities and financial institutions. She also employs a broad interdisciplinary perspective, including public international law, international (soft) law… Read More »2019-01-doc1 The Future of Cross-border Insolvency
With prof. Stephan Madaus, and assisted by Gert-Jan Boon, LL.M MSc, now a PhD in Leiden, we delivered in September 2017 the ELI Report on Business Rescue in Insolvency. See blog/2017-09-doc3-eli-business-rescue-report-published. As from the moment of the spark of the first ideas until now (closing our research files) we worked for 5,5 years. Including members of committees and boards within… Read More »2018-12-doc5 ELI project Business Rescue in Insolvency Law – Slowly closing the curtains
When I was a young law student in Amsterdam, in the early 70s of last century, ‘European Community Law’, as it was called then, was an optional course. The very far away subject was followed by some 10 students. It intrigued me because there seemed to be a new organisation to achieve a common economic market for the six Western-European… Read More »2018-11-doc11 Oxford Principles of European Union Law
In Autumn 2017, I started my research into the financial distress of Dutch Golden Age painter Rembrandt. More specifically I am interested in the cessio bonorum proceedings, which started in 1656. See blog/2017-11-05-rembrandt. The BBC intends to broadcast a 3 times 60 minutes programme and it was with great pleasure that I was interviewed yesterday by Tim Niel and his… Read More »2018-09-doc3 The ‘bankruptcy’ of Rembrandt – interview BBC
Prof. em. Ian F. Fletcher QC (hc) Obituary With great sadness I report the passing away of a dear friend and colleague, Ian Fletcher, on 21 July 2018. He was 74. I will commemorate him on another occasion more fully, but I wish to express here that in particular the world of international insolvency law has lost a giant. I… Read More »2018-07-doc3 Passing away of prof. Ian F. Fletcher
During 2016 and 2017 researchers of universities or research-institutes of Genoa, Sofia, Prague, Mainz, Riga, Valencia, Amsterdam and Glasgow have developed best practices in cross border cases for the survival of distressed companies. The project was co-funded by the Action grants programme to support judicial cooperation in civil and criminal matters of the European Commission. Aligning with a practical comparative… Read More »2018-06-doc8 Applying EU Insolvency Regualtion in Practice
The book shortly announced here was published for the first time in 2002. The second edition appeared in 2011, and now, 7 years later, the third edition is published: Transaction Avoidance in Insolvencies, mainly authored by Rebecca Parry, James Ayliffe QC, and Sharif Shivji, published by Oxford University Press (ISBN 978 0 19 879340 3). Significant developments have found their… Read More »2018-06-doc7 Book on Transaction avoidance in insolvency