Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings

by Smith KC, Tom; Isaacs KC, Stuart; Paulus, Christoph

• ISBN13: 9780192855237
• ISBN10: 0192855239
• Edition: 4th
• Format: Hardcover
• Copyright: 2023-12-07
• Publisher: Oxford University Press

Summary

The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union.

As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field.

Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including ^iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions).

An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.

Author Biography

Tom Smith KC, Barrister, South Square Chambers,Stuart Isaacs KC, King's Counsel, Wilberforce Chambers,Christoph Paulus, Associate Member, South Square Chambers

Stuart Isaacs KC returned to private practice at the Bar in 2020, after several years as a disputes partner in a major US law firm in London. He practices at Wilberforce Chambers in the fields of commercial law, international arbitration, and corporate and insolvency law. He also maintains his own practice in Singapore, where he was the first KC to be authorized to practice foreign law. His practice covers the range of Commercial Court and contentious Chancery work and he has been involved in many reported commercial and EU law cases, having argued over 20 cases in the CJEU. He regularly acts as an arbitrator and is an accredited mediator and has rights of audience in the UAE and the Singapore International Commercial Court and several Caribbean jurisdictions. He is a Deputy Judge of the High Court. He was educated at Downing College, Cambridge, and the Université Libre de Bruxelles.

Tom Smith KC is a King's Counsel, practicing at South Square in London. Tom specializes in commercial litigation and arbitration, banking and finance, corporate insolvency and restructuring, and company law including investment funds (hedge funds and private equity). He also practices in the fields of civil fraud and asset recovery, professional negligence, and trusts. He has also been involved in many of the major restructuring and insolvency cases in recent years, including significant Supreme Court and Privy Council decisions in the fields of banking, insolvency and restructuring, and investment funds. He frequently appears as an advocate both in England and in other jurisdictions including the Cayman Islands, the British Virgin Islands, Dubai, Bermuda, Trinidad and Tobago, and Gibraltar. He practices in the areas of restructuring and insolvency, banking and finance, commercial litigation, and civil fraud.

Prof. em. Dr. Christoph G. Paulus has worked several times as a consultant for both the IMF and the World Bank in Washington DC. Moreover, from 2006 through 2011, he served as an adviser to the German delegation on the UNCITRAL insolvency law sessions. He has lectured worldwide and has held guest professorships at various universities. Additionally, he is a member of various international institutions such as the American College of Bankruptcy and the International Insolvency Institute (of which he has been a Vice-President until the summer of 2017). Since his retirement in the spring of 2019, he's been an Associate Member of South Square, London, and since September 2019, Of Counsel with White & Case, Berlin. Currently, he is a member of the European expert group advising the Commission on its harmonization efforts in insolvency law.

Table of Contents

Foreword, Susan Block-Lieb
1. Historical Overview: The Drafting of the Insolvency Proceedings Regulation and its Precursors, Prof. Ian F Fletcher LLD KC (Hon)
2. The Insolvency Proceedings Regulation as an EU Legal Instrument, Stuart Isaacs KC and Prof. Dr. Stephan Madaus
3. Scope and Jurisdiction, Tomás Richter
4. Choice of Law Rules, Prof. Dr. Rolef de Weijs and Lilian Welling-Steffens
5. Recognition and Enforcement, Georgina Peters
6. Cross-Border Security and Quasi-Security, Felicity Toube KC, Jennifer Marshall and Prof. Francisco Garcimartin
7. Financial Institutions, Prof. Matthias Haentjens
8. Commentary on the Original Insolvency Proceedings Regulation and the Recast Insolvency Proceedings Regulation, Prof. Christoph Paulus and Tom Smith KC
9. The Ongoing Potential Application of the RR in the UK, Stuart Isaacs KC and Prof. Gerard McCormack