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In the first week of September 2017, during the General Assembly and Annual Conference of the European Law Institute (ELI) the report ‘Rescue of Business in Insolvency Law’, written by prof. em. Bob Wessels (Leiden, Netherlands) and prof. Stephan Madaus (Halle-Wittenberg, Germany) was approved as an official ELI Instrument. The Report consists of 115 recommendations explained on more than 375… Read More »2017-09-doc3 ELI Business Rescue Report published

With pleassure I report the re-posting of the ALI-III Global Principles and Guidelines 2012, reinforcing the importance of court-to-court cross-border cooperation in insolvency cases. In August 2017, the International Insolvency Instititute (III) re-posted the ALI-III Global Principles for Cooperation in International Insolvency Cases 2012. The publication contains: 37 Global Principles for Cooperation in International Insolvency Cases, and 18 Global Guidelines… Read More »2017-09-doc1 ALI-III Global Principles and Guidelines 2012

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

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

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?

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?

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

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

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