Global Restructuring Review

In legal theory, the regulation of cross-border insolvency is dealt with from two different angles. Under the universalist approach, cross-border insolvencies are administered pursuant to a single global insolvency regime. All of the debtor’s assets are distributed by a single insolvency office holder, regardless where the assets or claimants are located. The ideal of universalism is one court, one law… Read More »2019-01-doc3 Modified universalism in European cross-border insolvency?

Interview published in Global Restructuring Review (globalrestructuringreview.com) published on its blog on 24 August 2017 on the theme: Who’s in charge of Annex A? GRR editor Kyriaki Karadelis: Just a few weeks after the entry into force of the recast European Insolvency Regulation, the European Commission is inviting comments on a legislative proposal to change its Annex A – a… Read More »2017-09-doc5 On Annex A of the Insolvency Regulation

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

In November 2016 a proposal for a Restructuring Directive was published two weeks ago. Officially it has a much longer titel: ‘Proposal for a Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU’ (‘Restructuring Directive’). For a short… Read More »2017-03-doc7 What’s a Pifor?

During the period of discussing and revising what finally resulted in the European Insolvency Regulation (recast), which will be effective law as of June 2017, I had a conversation about the topic whether the European Union itself should adopt the UNCITRAL Model Law on Cross-border Insolvency. INSOL Europe had suggested it in 2012, and as we all know, the proposal… Read More »2016-10-doc12 Should the EU Adopt UNCITRAL Model Law on Cross-border Insolvency?

Welcome to the European Union: 28 Member States, using over 20 authentic languages! When one comes to the use of language in cross-border insolvency cases in Europe, there is a large contrast between the languages that national courts are using, and the languages in which communication takes places between insolvency practitioners. Article 31 of the existing European Insolvency Regulation (EIR)… Read More »2016-07-doc9 What language to use in EU insolvency cross-border cases?

Today, March 1, 2016, Global Restructuring Review (GRR) went live, see globalrestructuringreview.com. It’s a periodical with Cross-border restructuring and insolvency news, features and events. This first issue also contains an interview with me: Bob Wessels: professor emeritus of International Insolvency Law at Leiden University and expert counsel to the European Commission Global Restructuring Review – 01 March 2016 Bob Wessels:… Read More »2016-03-doc1 Interview in first issue of GRR