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Cross-Border Insolvency

THE CROSS-BORDER INSOLVENCY OF INTERNATIONAL BANKS

THE CROSS-BORDER INSOLVENCY OF INTERNATIONAL BANKS

... international insolvency regimes and law, it provides a theoretical insight that will instigate a move to find potential solutions that are much needed to resolve the cross-border conflicts arising ...

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A global cross-border insolvency framework for financial institutions

A global cross-border insolvency framework for financial institutions

... though insolvency is supposed to be a backup, having a procedure in place is necessary in the event of a default, in order to allow for an effective and fast way to resolve both corporate companies and financial ...

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Cross-Border Insolvency Law in Europe: Present Status and Future Prospects

Cross-Border Insolvency Law in Europe: Present Status and Future Prospects

... with cross-border insolvencies (see paragraphs 2 and ...EU Insolvency Regulation provides for a national court to exercise international jurisdiction to open insolvency ...EU Insolvency ...

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Practices and Countermeasures of Cross-border Insolvency Under Chinese Law

Practices and Countermeasures of Cross-border Insolvency Under Chinese Law

... between cross-border insolvency and admiralty proceedings 10 is the fact that different countries give different priorities to insolvency ...

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Are Bangladesh, India and Pakistan Ready to Adopt the UNCITRAL Model Law on Cross-Border Insolvency?

Are Bangladesh, India and Pakistan Ready to Adopt the UNCITRAL Model Law on Cross-Border Insolvency?

... collective insolvency proceedings, how they may be commenced and conducted, the duties of Official Receivers and Public Prosecutors, the composition of creditors, ...the cross-border aspects of the ...

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The future direction of China's cross-border insolvency laws, related issues and potential problems

The future direction of China's cross-border insolvency laws, related issues and potential problems

... skeletal cross-border insolvency legislation would be for the Chinese Institute of Private International Law, as one of the most influential Chinese non- governmental academic organizations, to bear ...

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Beyond Carve-Outs and Toward Reliance:  A Normative Framework for Cross-Border Insolvency Choice of Law

Beyond Carve-Outs and Toward Reliance: A Normative Framework for Cross-Border Insolvency Choice of Law

... The purpose of this Article is two-fold. First, this Article seeks to address the third-order choice of law considerations under present debate in answering the question of what’s next. That is, accepting universalism as ...

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Cross-Border Insolvency Law in China and Hong Kong: A Critical Analysis based on the UNCITRAL Model Law on Cross-Border Insolvency

Cross-Border Insolvency Law in China and Hong Kong: A Critical Analysis based on the UNCITRAL Model Law on Cross-Border Insolvency

... current insolvency system of Hong ...for cross-border insolvency in Hong Kong is more comprehensive than Chinese ...multinational insolvency cases, and the willingness to apply flexible ...

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Resolving Unresolved Relationship problems – the case of Cross Border Insolvency and Pending Arbitrations

Resolving Unresolved Relationship problems – the case of Cross Border Insolvency and Pending Arbitrations

... of insolvency proceedings to which the law of the opening state normally applies may interfere with the rules under which the transactions are carried out in other Member ...the insolvency proceedings are ...

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INSOL Europe’s proposals on groups of companies (in cross border insolvency): a critical appraisal

INSOL Europe’s proposals on groups of companies (in cross border insolvency): a critical appraisal

... The problem with this solution (a coordinated regime of a multijurisdictional process) is that we are back with a “one-size-fits-all” approach where we will always seek to decentralise the process and have a ...

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US exceptionalism and UK localism? Cross-border insolvency law in comparative perspective

US exceptionalism and UK localism? Cross-border insolvency law in comparative perspective

... The answer to the third question is more mixed. US Chapter 15 decisions have been referred to extensively elsewhere, certainly in the UK and Australia. This may be due to the force of the intellectual argument and/or ...

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Avoiding Inherent Uncertainties in Cross-Border Insolvency: Is the UNCITRAL Model Law the Answer?

Avoiding Inherent Uncertainties in Cross-Border Insolvency: Is the UNCITRAL Model Law the Answer?

... A recent decision of the Supreme Court of Western Australia has held that Australian courts do not have power to wind up a foreign company that is not registered under the.. Corporation[r] ...

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European insolvency: universality principle in cross-border insolvency proceedings

European insolvency: universality principle in cross-border insolvency proceedings

... Del mismo modo, la facultad del acceso directo al procedimiento y el deber de comunicación en torno a la cual orbita el Capítulo II vierte su contenido a lo largo de diferentes precept[r] ...

355

Cross border insolvency of enterprise groups: the choice of law challenge

Cross border insolvency of enterprise groups: the choice of law challenge

... corporate insolvency that determines both forum and laws choices is primarily based on geography, ...of insolvency of enterprise groups (wherever the case may take place and under which laws), it may be ...

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CROSS-BORDER INSOLVENCY PROTOCOL FOR THE LEHMAN BROTHERS GROUP OF COMPANIES

CROSS-BORDER INSOLVENCY PROTOCOL FOR THE LEHMAN BROTHERS GROUP OF COMPANIES

... plenary insolvency, administration, liquidation, rehabilitation, receivership, or like proceedings (“Plenary Proceedings”) in different jurisdictions (the “Plenary Fora”) and before different courts and ...

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CROSS-BORDER INSOLVENCY PROTOCOLS DO THEY WORK? David Lord

CROSS-BORDER INSOLVENCY PROTOCOLS DO THEY WORK? David Lord

... “The decision did great harm to the relations between the courts of the two countries, and seriously damaged the esteem in which the UK courts had previously been held by insolvency practitioners and judges ...

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The Law of Unintended Consequences: The 2015 E.U. Insolvency Regulation and Employee Claims in Cross-Border Insolvencies

The Law of Unintended Consequences: The 2015 E.U. Insolvency Regulation and Employee Claims in Cross-Border Insolvencies

... on insolvency proceedings to implement lessons learned during the previous iteration’s ...in cross-border insolvencies that can frustrate the animating principles of both ...the ...

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Cross-border Insurance in Europe

Cross-border Insurance in Europe

... whether cross-border insurance has been increasing since ...of cross-border insurance would pose new coordination challenges for European ...that cross-border insurance, measured ...

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Cross-border Economic Cooperation

Cross-border Economic Cooperation

... FEJLETT ÜZLETI INFRASTRUKTÚRA ADVANCED BUSINESS INFRASTRUCTURE LOGISZTIKAI KÖZPONT LOGISTIC CENTRE IPARI PARK INDUSTRIAL PARK TERÜLET- FEJLESZTÉSI TÁRSASÁGOK REGIONAL DEVELOPMENT COMPANI[r] ...

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Cross-Border Information Governance:

Cross-Border Information Governance:

... Societal issues – what is considered appropriate or inappropriate use of the network, what counts as criminal use, what counts as invasion of privacy, what consumer protection is needed, economic impact, again just to ...

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