Cross-Border Insolvency Law
This new work provides a comprehensive and theoretically rich discussion of the law on cross-border insolvency. Writing from an Australian perspective, the authors analyse the complex network of legal rules and subsequent case law pertinent to this area. In addition, they explain the theoretical underpinnings of these rules in an accessible manner to build a solid foundation for practice, facilitate advanced reasoning, and enable the development of sophisticated arguments for law reform.
This new work provides a comprehensive and theoretically rich discussion of the law on cross-border insolvency. It engages with several current multi-billion dollar insolvencies such as those of Nortel Networks and Lehman Brothers to provide the reader with state of the art knowledge of the complex problems posed by transnational insolvency.
As the number of transnational insolvencies grows due to prevailing economic conditions, practitioners are increasingly required to navigate the mass of legal rules applicable to cross-border insolvency situations. The associated challenges are heightened by the diversity of legal structures employed by modern business entities and a patchwork of costly, inefficient, and unpredictable national legal rules. The response has been a proliferation of international legal instruments such as the UNCITRAL Model Law and the the EU Insolvency Regulation, supplemented by judicial practice, adding further layers of complexity.
Writing from an Australian perspective, the authors analyse this network of legal rules and subsequent case law. In addition, they explain the theoretical underpinnings of these rules in an accessible manner to build a solid foundation for practice, facilitate advanced reasoning, and enable the development of sophisticated arguments for law reform. Comparative case law from jurisdictions such as the United States and United Kingdom is also included.
This book is highly relevant to insolvency practitioners faced with the recovery of assets located in different jurisdictions, transactional lawyers for whom knowledge of potential insolvency pitfalls is essential, and academics. It is invaluable for students at both undergraduate and postgraduate level seeking a sound understanding of this challenging area of law.
- Provides a concise theoretical account of international insolvency to develop clear understanding of the concepts underpinning the cross-border insolvency practice
- Includes a comparative overview of key international developments and case law
- Highlights key trends in practice to ensure practitioners remain current
- Offers innovative arguments and approaches to this complex area of law
Assaf, Shields & Kincaid, Voidable Transactions in Company Insolvency, 2014
Brown, Symes & Wellard, Australian Insolvency Law: Cases & Materials, 2015
Rodrigo, Demand Guarantees: Operation, Enforcement and the Autonomy Principle, 2015
Symes, Australian Insolvency Law, 3rd ed, 2015
Table of contents
- Principles Underpinning International Insolvency Law
- Jurisdiction in International Insolvency Law
- Comity, the Common Law and Legislation
- UNCITRAL Model Law and the Cross-Border Insolvency Act 2008
- Enterprise Groups
- Recognition and Enforcement
- Comparative Perspectives