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2020-04-doc8 2020 Yearbook Insolvency and Restructuring in Germany

For the 11th time Schultze & Braun (GmbH Rechtsanwaltgesellschaft) published its Yearbook Insolvency and Restructuring in Germany, now edition 2020. The Yearbook does not cover a general theme, rather contains a potpourri of substantial and statistic subject, legislative texts (the German Insolvency Act and the Regulation recast) and a glossary of legal terms with translations in various languages. Also matters… Read More »2020-04-doc8 2020 Yearbook Insolvency and Restructuring in Germany

2020-04-doc6 Who has seen an insolvency protocol lately?

In the world of cross-border insolvency a ‘protocol’ can be described as a means of agreeing the alignment between different insolvency proceedings, or of establishing how (pre-) reorganisation measures will be taken across a number of jurisdictions. A cross-border insolvency agreement is designed to overcome certain legal or factual obstacles that could otherwise be an impediment to achieving a restructuring… Read More »2020-04-doc6 Who has seen an insolvency protocol lately?

2020-04-doc5 Do we know what a Rembrandt painting looks like?

It took some 150 years before, gradually, the 19th century experienced Rembrandt becoming the subject of more serious scholarship. Research began with the recording of anecdotes about his life, but increasingly a more factual approach on his work was adopted. As early as 1810 the first catalogue raisonné of Rembrandt’s etchings was published by William Esdaile. A first catalogue of… Read More »2020-04-doc5 Do we know what a Rembrandt painting looks like?

2020-04-doc4 Model Standstill Agreement may assist in COVID-19 times

In these extraordinary, unprecedented times two US lawyers (prof. Jonathan Lipson and Norman Powell) felt they need to do something to avoid disastrously contractual fights between parties resulting in overburdening the court system. Published under the auspices of the Business Law Section of the American Bar Association (ABA) they published a model standstill/tolling agreement. In stead of ending up in… Read More »2020-04-doc4 Model Standstill Agreement may assist in COVID-19 times

2020-04-doc3 Improving the EU Insolvency Regulation (Recast)

Early this year the book Recasting the Insolvency Regulation – Improvements and Missed Opportunities was published. Its editors are Vesna Lazić (T.M.C. Asser Institute; University of Utrecht) and Steven Stuij (Erasmus School of Law). The book contains five contributions, covering 130 pages, and is published by Asser Press as number 3 in a Short Studies in Private International Law Series.… Read More »2020-04-doc3 Improving the EU Insolvency Regulation (Recast)

2020-04-doc2 Asian Principles of Business Restructuring: a promising first step

It is timely and most appropriate to report about the Asian Principles of Business Restructuring Project undertaken by the Asian Business Law Institute (ABLI) and the International Insolvency Institute (III). I have the honor to serve as a member of the Advisory Committee providing supervision and guidance to the Project, see for its start https://bobwessels.nl/blog/2017-09-doc10-launch-of-asian-principles-of-restructuring-project/. The Project covers 16 jurisdictions,… Read More »2020-04-doc2 Asian Principles of Business Restructuring: a promising first step

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

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

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

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?

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?