Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime: Commonwealth and US Perspectives...

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Jingchen Xu (Helmsman LLC, Singapore)

Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime

Commonwealth and US Perspectives

Jingchen Xu (Helmsman LLC, Singapore)

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Paperback

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English

Hart Publishing
16 June 2022

International economic & trade law; International maritime law; Private international law & conflict of laws; Bankruptcy & insolvency

This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country?

The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor’s assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime.

The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry.

By: Jingchen Xu (Helmsman LLC Singapore)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
ISBN: 9781509942619
ISBN 10: 1509942610
Pages: 208
Publication Date: 16 June 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Jingchen Xu is an Associate at Helmsman LLC, Singapore.