Global Perspectives and Cross-Border Insolvency Law

Wessels, Bob | Hardback | 01-11-2022 | 9789013170184

This publication aims to be the first port of call on any question on international insolvency law for specialists, such as practitioners, judges and scholars. This first part of the 5th edition offers global perspectives on key themes within cross-border insolvency law. International Insolvency Law Part I contains an extensive treatment of cross-border insolvency law. The publication covers four key themes. Chapter I starts with a detailed account of topics which nearly always emerge from cross-border insolvency cases. In addition, the author continues the debate on principles and new dogmatic and pragmatic approaches to issues and disputes on international insolvency law, including several remarkable court decisions. The main topic of the Chapter II is the UNCITRAL Model Law on Cross-Border Insolvency of 1997.The chapter contains a detailed analyses of the Model, using the guide of enactment and literature from numerous countries. Chapter III is completely new to this 5th edition. It covers UNCITRAL’s other insolvency tools, in particular the latest Model Laws on Recognition and enforcement of insolvency-related judgments and on Enterprise Group Insolvency. The equally new Chapter IV covers emerging sources of international insolvency law, which is of growing importance, especially for courts and practitioners. The author provides an overview of “soft law” and “best practices” from several organizations such as INSOL International, World Bank and groups of academic scholars and practitioners, as well a treatment of content and use of Protocols or cross-border insolvency agreements. The law is stated as per July 2022. In order to assist the reader to locate the relevant information, a comprehensive bibliography has been included. The present book is International Insolvency Law – Part I Global Perspectives on Cross-Border Insolvency Law. Together with the second part of the book, International Insolvency Law – Part II European Insolvency Law, it forms the fifth edition of its original version.