After having published two books in my series Insolvency Law (Wessels Insolventierecht) and a large report for the European Law Institute on Business rescue in insolvency law (with my German colleague Stephan Madaus) this year, I head to something (not completely) different, the well-known Dutch painter Rembrandt (or: Rembrandt van Rijn (1606-1669)). Rembrandt? Evidently, his paintings and etchings are admired… Read More »2017-11-doc5-Rembrandt
The UNCITRAL Model Law on Cross-Border Insolvency, celebrating its 20th year of existence, is world-wide regarded as a valuable tool in organising a country’s provisions of international insolvency law. The Model Law deals in its core with recognition of foreign insolvency proceedings, communication and cooperation of proceedings (by insolvency practitioners and courts) concerning the same debtor and the rights of… Read More »2017-11-doc7 Some remarks on the Model Law
In two recent Dutch court cases, the determination of the insolvent debtor’s centre of main interests (COMI) went in two distinct ways. These cases are District Court Amsterdam 12 July 2017, ECLI:NL:RBAMS:2017:5383, and District Court North-Holland 17 October 2017, ECLI:NL: RBNHO:2017:8588. In both cases the court is confronted with the alignment of Dutch (insolvency) procedural law (in the Dutch Bankruptcy… Read More »2017-10-doc10 Two recent Dutch COMI cases
Gregory Hugh Colin King is a fraudster. That’s verbatim the way the Supreme Court of Gibralter on 31 July 2017 introduces one of the first cases to which the EU Insolvency Regulation 2015 (EIR 2015) applies. King was a lawyer and a Glasgow car dealer, before becoming a hedge fund manager in Gibraltar. He is, via several of his companies… Read More »2017-10-doc7 Supreme Court of Gibraltar on COMI
In May this year (see leidenlawblog.nl) I reported that Sir Geoffrey Vos, Chancellor of the High Court of England and Wales, had approved the adoption of the JIN Guidelines, as part of the court’s Chancery Guide. The Guidelines of the Judicial Insolvency Network (JIN) aim to encourage communication and cooperation amongst national courts by pulling together the best practices in… Read More »2017-10-doc3 Chancery Guide amended
The core thesis of this book, shortly reviewed here, is that cross-border insolvency rules of all kinds are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such values. The book Principles of Cross-border Insolvency Law is written by professor Reinhard Bork, a very productive scholar of the University of Hamburg.… Read More »2017-10-doc1 Book Bork on Cross Border Insolvency Law
Established in 2016, the Asian Business Law Institute (ABLI) is an Institute based in Singapore. ABLI initiates, conducts and facilitates research and produces authoritative texts with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. In August 2017, ABLI in close cooperation with the International Insolvency Institute (III,… Read More »2017-09-doc10 Launch of Asian Principles of Restructuring Project
With the date of this publication cited as at Buddha’s Birthday 2016, in the book ‘Cross-Border Insolvency: Principles and Practice’ (Sweet & Maxwell, 2016, xlv + 351 pages), its author Look Chan Ho, discusses English cross-border insolvency law. The author is dissatisfied that this area of law lacks a solid taxonomic order and that practices relies too much on improvisation.… Read More »2017-09-doc9 2016 book of Look Chan Ho
Interview published in Global Restructuring Review (globalrestructuringreview.com) published on its blog on 24 August 2017 on the theme: Who’s in charge of Annex A? GRR editor Kyriaki Karadelis: Just a few weeks after the entry into force of the recast European Insolvency Regulation, the European Commission is inviting comments on a legislative proposal to change its Annex A – a… Read More »2017-09-doc5 On Annex A of the Insolvency Regulation
Wessels International Insolvency Law aims to be a first port of call on any question on international insolvency law for specialists (such as practitioners, judges and scholars), but also for those who are rather new to the subject, including legislators and students. The present book is International Insolvency Law: Part II European Insolvency Law, and was published by Wolters Kluwer,… Read More »2017-09-doc4 Wessels International Insolvency Law Part II European Insolvency Law