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Borderlines in Private Law

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Cross-Border Insolvency: Principles and Practice


ISBN13: 9780414035430
Published: June 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £305.00



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This new work provides an in-depth commentary on English cross-border insolvency law, covering all the different regimes using a comparative approach.

It offers practitioners and policy makers a comprehensive research resource, exploring the strengths and weaknesses of each regime and discussing how the law might evolve in future.

  • Provides a rigorous evaluation of the different regimes for handling crossborder default under English law
  • Helps clarify the similarities and differences
  • Covers both general English cross-border insolvency law and the specialised regimes applicable to regulated entities
  • Looks at the jurisdiction of the English court to commence insolvency proceedings
  • Examines recognition and enforcement by the English court
  • Considers the reliefs that may be obtained from the English court
  • Offers recommendations for how the law should change
  • Includes all applicable English and foreign case-law, in particular, EU, US and other common law jurisdictions

Subjects:
Insolvency Law
Contents:
1. Jurisdiction to Commence Insolvency Proceedings
2. Jurisdiction to Sanction Schemes of Arrangement
3. Recognition of Foreign Insolvency Proceedings
4. Enforcement of Foreign Insolvency Proceedings
5. Choice of Law in the context of Cross-Border Insolvency
6. Insolvency Policy and the Pari Passu Primciple
7. Revised Uncitral Model Law Enactment Guide: A Critique