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
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?
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?
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
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)
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
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
In the UK a new Insolvency Code of Ethics will apply from 1 May 2020 to all insolvency practitioners in the UK. The Code had to be brought up to date, particularly in relation to to referrals of work and commissions, the use of advertising, websites, purchasing of data and with more services are being offered by firms of IPs.… Read More »2020-03-doc3 New Insolvency Code of Ethics in UK
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
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)  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?