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International Insolvency Law

Reforms and Challenges

Paul Omar Professor Geraint Howells

$315

Hardback

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English
Routledge
22 November 2013
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.
Edited by:  
Series edited by:  
Imprint:   Routledge
Country of Publication:   United Kingdom
Edition:   New edition
Dimensions:   Height: 234mm,  Width: 156mm,  Spine: 27mm
Weight:   997g
ISBN:   9780754674825
ISBN 10:   0754674827
Pages:   452
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Contents: Editorial preface; Part I New Thoughts on Insolvency: Catholic social thought and corporate insolvency law, Armin J. Kammel; International trade and insolvency, Paul Todd. Part II The Law Reform Imperative: Tranched, squared and derived: credit derivative regulatory reform and the restructuring of insolvent businesses, Janis Sarra; China’s new bankruptcy law: notable features and key enforcement issues, Rebecca Parry and Haizheng Zhang; Creating a template for banking insolvency law reform after the collapse of Northern Rock, Roman Tomasic. Part III Issues in Corporate Rescue: Aggrieved shareholders as creditors: an unmapped coordinate in the cartography of Australian insolvency law, Anil Hargovan; The Australian corporate rescue provisions: how do they compare?, David Morrison and Colin Anderson. Part IV Issues for Small and Medium Enterprises: The extension of small company voluntary arrangements: a response to the Conservative Party’s corporate restructuring proposals, John Tribe. Part V Issues in Personal Insolvency: Perspectives on protecting the family home in South African insolvency law, Corlia van Heerden, André Boraine and Lienne Steyn; Debt enforcement regimes outside bankruptcy in English law: observations on current diversity and future complexity, David Milman. Part VI The UNCITRAL Projects: Representing the interests of unsecured creditors: a comparative look at UNCITRAL’s legislative guide on insolvency law, Susan Block-Lieb, Juraj Alexander and Evgeny Kovalenko; Is the future bright for enterprise groups in insolvency? An analysis of UNCITRAL’s new recommendations, Irit Mevorach; Beyond the UNCITRAL model law in Australasia: the scope for bilateral agreements, David Brown; Index.

Paul Omar is Professor of International and Comparative Insolvency Law at the Nottingham Law School, Nottingham Trent University. He has published widely on European, and International Insolvency Law. Armin J. Kammel, Paul Todd, Janis Sarra, Rebecca Parry, Haizheng Zhang Roman Tomasic, Anil Hargovan, David Morrison, Colin Anderson, John Tribe, Corlia van Heerden, Andre Boraine, Lienne Steyn, David Milman, Susan Block-Lieb, Juraj Alexander, Evgeny Kovalenko, Irit Mevorach David Brown.

Reviews for International Insolvency Law: Reforms and Challenges

'Excellent contributions on broad-ranging and complex topics, developed in a comparative and international context. The chapters demonstrate able scholarship and provide a better understanding of insolvency law reform, both in personal and business insolvency worldwide.' Bob Wessels, University of Leiden, The Netherlands 'The profile of international insolvency law has developed rapidly in the past 10 years and this volume clearly adds to the increasing amount of quality scholarship published in this field. It deals with a broad range of general and specialist topics that have become important issues for international insolvency law.' Andrew Keay, University of Leeds, UK 'This book is a scintillating contribution to the worldwide discussion and debate on international insolvency. With the profound insights of a number of outstanding international scholars, it will be of immense value to the national and international lawmakers, and the judges and practitioners in national and international courts, who frequently face huge and complex legal issues.' Emeritus Professor Harry Rajak, University of Sussex, UK 'The book presents a broad range of general and specialist topics that have become important issues for comparative and international insolvency law. The themes demonstrate fresh views and updates on certain matters, and cover common law and civil law. Practitioners may find new arguments for their cases; scholars may find contributions that can help elucidate the complexity that must be mastered to better understand their subject; legislators may find inspiration for legislative developments elsewhere...' International Company and Commercial Law Review


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