<p>This book provides a detailed analysis of the conceptual and practical problems posed by the increasingly common phenomenon of cross-border insolvency in respect to individuals and companies. Part I considers how such problems are approached and resolved under national legal regimes. Part II analyses the regional and international agreements and conventions that have been under negotiation in response to the special difficulties imposed by multi-jurisdictional insolvencies.</p>

Insolvency in Private International Law: National and International Approaches (Oxford Private International Law Series)

Fletcher, Ian F.

Foreign & International Law

Oxford University Press

This set deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws). Part I of the main work is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems -- principally Australia, Canada, France and the USA -- are examined by way of comparison. There are up-to-date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognize foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate. Part II of the main work explores the progress towards the creation of international arrangements to co-ordinate and rationalize the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings and the UNCITRAL Model Law on Cross-Border Insolvency.This set includes the supplement to the second edition, which covers key developments in case law and legislation in the subject up to October 2006, and is an essential purchase for all who have already bought the main work. It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, including Eurofood IFSC Ltd, Daisytek ISA, and Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors of Navigator Holdings plc. The commentary on case developments links back to the relevant paragraph in the main work.New to this Edition: · New supplement updating the second edition with commentary on recent developments, to October 2006· Major recasting of chapter 6 (formerly dealing with the (by then) dormant EC Convention on Insolvency Proceedings) now giving an account of the EC Regulation on Insolvency Proceedings, in force since 31 May 02· Adjustments throughout the book to explain the impact of the Regulation on other aspects of law and practice· Full account is taken of statutory and case law developments since 1998· There is a new chapter assessing other international developments since 1998 including the ALI Transnational Insolvency Project; the World Bank Principles and Guidelines; and the UNCITRAL Legislative Guide on Insolvency Law (completed 2004)

Insolvency in Private International Law: Main Work (Second Edition) and Supplement (Oxford Private International Law Series)

This practitioner text provides a full and detailed treatment of both individual and corporate insolvency as governed by the Insolvency Act. It includes a section covering the international issues in insolvency cases. This edition brings the subject up to date, and covers all major developments in the law, such as the the impact of the Companies Act 1989, the Criminal Justice Act 1988, statutory instruments and case law, since publication of the last edition. Extra coverage is included on insolvent partnerships, and a new section on receivers is added.

The Law of Insolvency

Business

Sweet & Maxwell, Ltd.

Conflict of laws and European Community law: With special reference to the community conventions on private international law (Problems in private international law)

Reference

Distributors for the U.S.A. and Canada, Elsevier Science Pub. Co

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