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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?

2020-02-doc2 Creating a reliable cross-border insolvency system after Brexit

Recognition and enforcement of civil judgments is an important tool in effective and reliable cross-border business. The guillotine-effect of Brexit would result in an uncertain, unpredictable, costly and undignified commercial battle without such a tool. A first sign for looking for providing certainty on which country’s courts may hear a civil or commercial cross-border dispute and that ensures that the… Read More »2020-02-doc2 Creating a reliable cross-border insolvency system after Brexit

2020-01-doc5 Finding your way to the Insolvency Law Collection

A few years after my retirement from the Leiden University in 2014, I donated the larger part of my books, reports and other data on international insolvency law to a Dutch legal foundation carrying my name (‘Stichting Bob Wessels Insolvency Law Collection’, BWILC). The statutory object of the foundation is to promote the interest and knowledge of international and comparative… Read More »2020-01-doc5 Finding your way to the Insolvency Law Collection

2020-01-doc4 Relative priority rule explained

Professor Stephan Madaus, my colleague from the German University of Halle Wittenberg, recently posted, what he calls ‘A Simple Guide to the Relative Priority Rule’. With a more detailed version to be published, he points at the Directive (EU) 2019/1023 on Restructuring and Insolvency, which provides for a new rule to assess the fairness of the distribution of value under… Read More »2020-01-doc4 Relative priority rule explained