Cross-Border Insolvency
The Enactment and Interpretation of the UNCITRAL Model Law
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Beschreibung
This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings.
The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Studies how the UNCITRAL Model Law on Cross-Border Insolvency has been introduced in Australia, Canada, New Zealand, the UK, and the USA, and the variations made by each state in enacting legislation
Compares how the courts have interpreted the UNCITRAL Model Law on an article-by-article basis
Considers possible reasons for inconsistencies in the interpretation of the provisions of the Model Law
Studies how the UNCITRAL Model Law on Cross-Border Insolvency has been introduced in Australia, Canada, New Zealand, the UK, and the USA, and the variations made by each state in enacting legislation Compares how the courts have interpreted the UNCITRAL Model Law on an article-by-article basis Considers possible reasons for inconsistencies in the interpretation of the provisions of the Model Law Includes supplementary material: sn.pub/extras
Autor*in
Neil Hannan
Themen in »Cross-Border Insolvency«
cross-border insolvency United Nations Committee on International Trade Law UNCITRAL Model Law liquidation bankruptcy insolvency multinational company multinational corporation debtor’s estate universalism modified universalism territorialism cooperative territorialism universal proceduralism Regulation on Insolvency Proceedings