The case of Kooter v The Official Receiver & Ors [2022] EWHC 2683 (Ch) (24 October 2022) is a colourful case concerning the international jurisdiction of the courts in England and Wales. It is interesting reading material (i) about English procedural law and practice concerning a hearing for the annulment of a bankruptcy order from March 2019, and (ii) the… Read More »2022-11-doc1 COMI, habitual residence, England or Bulgaria?
One of the novelties in the recast European Insolvency Regulation (EIR 2015), in force since 2017, is its set of rules for data protection. Generally, the aims of most national insolvency laws and those of data protection laws are contradictory. The former are designed to facilitate access to information by creditors and courts. Data protection-rules, however, aim rather to restrict… Read More »2022-10-doc2 Privacy Codes in Insolvency and Restructuring
From a recent decision of 6 September 2022 of the District Court Amsterdam (ECLI:NL:RBAMS:2022:5466) it follows that under Dutch rules a law firm (‘Houthoff’) cannot just break with Russian parties, having been placed on sanction lists by the government. The case concerns Russian state-owned company SberBank, the largest shareholder of a Croatian food group (formerly Agrokor, now: ‘Fortenova’), which is… Read More »2022-10-doc1 Saying goodbye to Russian clients: easier said than done
Recently District Court Amsterdam 26 August 2022, ECLI:NL:RBAMS:2022:5012, decided that KLM airlines is obliged to make financial restitution to passengers after a travel agency’s bankruptcy. The basis for the judgment lies in the Flight Compensation Regulation (EC) No 261/2004. Case: on 13 January 2020 Dutch passengers book tickets to Brazil and Argentina via travel organization D-Reizen for an amount of… Read More »2022-09-doc2 – Towards strengthening a consumer’s position in insolvency
Article 6 of the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) contains the ‘public policy’ exception in the application of the law. It is a standard provision in UNCITRAL texts. Article 6 MLCBI (‘Public policy exception’) provides: ‘Nothing in this Law prevents the court from refusing to take an action governed by this Law if the action would be manifestly… Read More »2022-08-d0c3 About (over)stretching the public policy exception
Article 16 of the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) provides for important presumptions which assist the domestic court of the State, enacting the MLCBI, to reach a conclusion on the nature, status and effect of the respective foreign proceeding. Article 16 (‘Presumptions concerning recognition’) provides: If the decision or certificate referred to in paragraph 2 of article 15… Read More »2022-08-doc2 On presumptions in int’l insolvency law
Over the past decade, Europe has been captivated by restructuring. Cross-border insolvency, initiated in the first decade, mainly overarched national insolvency systems. It was developed as a system of private international law. For restructuring the main drivers are discussions, recommendations and reports, ultimately leading to the EU 2019/1023 Preventive Restructuring Directive. One of the first books on this Directive (Paulus/Dammann… Read More »2022-06-doc4 O’Dea’s restructuring book
[See for English below] In Dordrecht, waar ik woon en werkt, wordt dit jaar 450 jaar Geboorte van Nederland gevierd. Dordrecht stond aan de wieg van wat nu Nederland is. Het startschot werd gegeven met de Eerste Vrije Statenvergadering. Deze werd van 19 tot 23 juli 1572 gehouden in het Hof. Deze locatie is onlangs vernieuwd en heropend. Tijdens deze… Read More »2022-06-doc3 Dordrecht – 450 jaar na Eerste Statenvergadering
Textbooks for students, trying to master the theme conflict of laws (or: private international law (PIL) as many European continental countries term the subject), are rather straightforward. Several subjects in a systematic order presented, referenced with literature and case law. Many times, the legal scenery is rather unique, as conflict of laws can be found in national, European or ‘world-wide’… Read More »2022-06-doc2 Cuniberti’s 2nd ed. of Conflict of laws: a comparative approach
To accompany lectures abroad (ie outside the Netherlands) I am providing this text, taken from Bob Wessels, International Insolvency Law Part II. European Insolvency Law (4th. ed., 2017, published by Wolters Kluwer). By the way a 5th edition if forthcoming, aiming at late 2022. In the present par. 10764b I provide examples of powers of the main insolvency practitioner (especially… Read More »2022-06-doc1 Dominant position of the main IP under EIR 2015