Insolvency in Private International Law Main Work (Second Edition) and Supplement

by Fletcher, Ian F.

• ISBN13: 9780199214952
• ISBN10: 0199214956
• Edition: 2nd
• Format: Hardcover
• Copyright: 2007-05-31
• Publisher: Oxford University Press

Summary

This set deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws). Part I of the main work is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems -- principally Australia, Canada, France and the USA -- are examined by way of comparison. There are up-to-date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognize foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate. Part II of the main work explores the progress towards the creation of international arrangements to co-ordinate and rationalize the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings and the UNCITRAL Model Law on Cross-Border Insolvency. This set includes the supplement to the second edition, which covers key developments in case law and legislation in the subject up to October 2006, and is an essential purchase for all who have already bought the main work. It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, including Eurofood IFSC Ltd, Daisytek ISA, and Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors of Navigator Holdings plc. The commentary on case developments links back to the relevant paragraph in the main work. New to this Edition: New supplement updating the second edition with commentary on recent developments, to October 2006 Major recasting of chapter 6 (formerly dealing with the (by then) dormant EC Convention on Insolvency Proceedings) now giving an account of the EC Regulation on Insolvency Proceedings, in force since 31 May 02 Adjustments throughout the book to explain the impact of the Regulation on other aspects of law and practice Full account is taken of statutory and case law developments since 1998 There is a new chapter assessing other international developments since 1998 including the ALI Transnational Insolvency Project; the World Bank Principles and Guidelines; and the UNCITRAL Legislative Guide on Insolvency Law (completed 2004)

Author Biography

Ian Fletcher is Professor of International Commercial Law at University College London, appointed in January 2001. He was called to the Bar by Lincoln's Inn in 1971, of which he was elected a Bencher in 2003, and currently practises from 3/4 South Square, Gray's Inn. His principal research and teaching interests are in the fields of bankruptcy and insolvency law, commercial law, European Community law, conflict of laws, and comparative law. He is the author, co-author, contributor and editor of many books on these subjects.

Table of Contents

Preface

Tables

International Insolvency: National Approaches

Theory and Principle in Cross-Border Insolvency

Insolvency of Individuals

Insolvency of Companies

Judicial Assistance in Cross-Border Insolvencies: Current Provisions underNational Law

International Regulation Of International Insolvency: Regional Initiatives

Latin America, Scandanavia and the NAFTA Countries

Council of Europe Convention of Istanbul, 5 June 1990

The EC Regulation on Insolvency Proceedings

International Regulation Of International Insolvency: Global Initiatives

The UNCITRAL Model Law on Cross-Border Insolvency

Beyond the Model Law: The Quest for International Standards and Principles

Appendices

Selected National Legislation

European Union: Council Regulation (EC) No 1346/2000 on InsolvencyProceedings

Council of Europe: Istanbul Convention, 5 June 1990 (English and Frenchtexts)

UNCITRAL Model Law on Cross-Border Insolvency, May 1997

Latin American Treaties

Nordic Bankruptcy Convention, 7 November 1933VII. Virgos-Schmit Report on the 1995 Convention on Insolvency Proceedings

Select Bibliography

Supplement

Cross-Border Insolvency Regulations 2006

Explanatory Memorandum to the Cross-Border Insolvency Regulations 2006

Commentary on the Cross-Border Insolvency Regulation

Council Regulation 694/2006

Case Developments

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