International Insolvency Law

A timely and insightful book that examines the special contribution of the common law to the cooperation provision in insolvency, and how this has shaped global cooperation.

This book analyses the role of the common law in shaping the field of cooperation in insolvency and its relationship with international instruments such as the UNCITRAL Model Law. It provides a succinct summary of the development of case law on the subject and demonstrates the emergence of the co-operation and assistance provisions, and interprets the international provisions descended from it.

In providing this analysis, the author draws out examples of relevant case law from Australia, New Zealand, Canada, South Africa, and the United Kingdom as well as Malaysia, Singapore, and Jersey and states where the law is still in embryonic form, such as India. The book also includes consideration of US cases and US-style cooperation. It discusses the participation of many of these nations in the development of the UNCITRAL initiative, as well as the relationship of the cooperation provision to other texts, such as the UNCITRAL Model Law and the Recast European Insolvency Regulation. Finally, it highlights the continuing role of the common law in interpreting the texts as well as providing a parallel method for recognition and enforcement in the absence of any governing cross-border framework.

This is an invaluable guide for practitioners, academics and judges who are interested in cross-border insolvency law as it currently stands and its ongoing development.

Auteur
Paul Omar is Professor of International and Comparative Insolvency Law, Nottingham Trent University, and Visiting Professor, Institute of Law, Jersey. He has written and edited widely on the subject of international insolvency law, most recently Omar (ed): International Insolvency Law - Reforms and Challenges (Ashgate, 2013).

Contenu

• Part 1: Introduction

• I: A History of Empire and the Development of the Common Law

• Part 2: Cross-Border Insolvency Models

• II: The Common Law Model and Principles

• III: The Statutory Models: The Auxiliary Doctrine and Ancillary Assistance Schemes

• Part 3 Domestic Application of the Models

• IV: Cross-Border Insolvency in the United Kingdom

• V: Cross-Border Insolvency in Australia

• VI: Cross-Border Insolvency in New Zealand

• VII: Cross-Border Insolvency in Malaysia and Singapore

• VIII: Cross-Border Insolvency in South Africa

• IX: Cross-Border Insolvency in Canada

• X: Cross-Border Insolvency in the United States

• XI: Cross-Border Insolvency in Jersey

• XII: A Panorama of Other Common Law Countries

• Part 4: The Future of the Models

• XIII: Influences on the UNCITRAL Initiative

• XIV: Competition with Other Initiatives (EIR, Ohada, ADB, SADC, NAFTA)

• XV: Conclusion: Multiple Models and Layering

• Appendices

• I: Excerpts from Domestic Law Texts

• II: Excerpts from International Texts