Cross-Border Insolvency:: Principles and Practice

This book approaches cross-border insolvency from the perspective of conflict of laws with a view to strengthening the understanding and practice of cross-border insolvency. The book analyses the whole corpus of cross-border insolvency regimes from three conflicts perspectives, namely: i. jurisdiction to commence insolvency proceedings; ii. recognition and enforcement of foreign insolvency proceedings; iii. choice of law. This approach to cross-border insolvency allows the principles of cross border insolvency to be compared and contrasted across the whole corpus. It thereby teases out the inconsistencies between the different regimes dealing with essentially the same cross-border issues. Approaching cross-border insolvency in this manner, so far not attempted by any other textbook, should help everyone interested in this area of the law appreciate that cross-border insolvency problems often find their solutions in the proper understanding of insolvency policy and principles. Cross-Border Insolvency features: EU Insolvency Regulation Brussels I Regulation UNCITRAL Model Law on Cross- Border Insolvency Credit Institutions (Reorganisation and Winding Up) Regulations 2004 Insurers (Reorganisation and Winding Up) Regulations 2004 Insolvency Act 1986 Foreign Judgments (Reciprocal Enforcement) Act 1933 Administration of Justice Act 1920 Common law Comparative analysis