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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

2017-05-doc3 On lawyers’ inefficient teamwork

Many societies recognise concerns about the cost of access to justice. The Federal Court of Australia obviously gave a serious warning to lawyers for ‘… an inefficient and inappropriate way of dealing with the preparation for, and conduct of the hearing of, a case that, in effect, was to be, and should have been, substantively prepared and argued at all… Read More »2017-05-doc3 On lawyers’ inefficient teamwork

2017-04-doc7 Book announcement of Braun’s 7th ed.

Germany is one of Europe’s lager countries where restructuring and insolvency law has changed dramatically over the last decade. The book of Eberhard Braun, InsO – Insolvenzordung, 7th ed., C.H. Beck, 2017, 2060 pp. (ISBN 978-3-406-69675-6), known as ‘the Braun’, reflects these recent changes. It provides an article-by-article commentary on the German Insolvenzordnung, with in addition a commentary on the… Read More »2017-04-doc7 Book announcement of Braun’s 7th ed.