Cross-border insolvency : the enactment and interpretation of the UNCITRAL Model Law

Description

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. Read more... Abstract: 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 Front Matter ....Pages i-xii Introduction (Neil Hannan)....Pages 1-4 Development of the Model Law (Neil Hannan)....Pages 5-14 Manner of Introduction of the Model Law (Neil Hannan)....Pages 15-21 How Does the Model Law Affect Existing Principles of Recognition? (Neil Hannan)....Pages 23-41 Concepts of Centre of Main Interest and Establishment (Neil Hannan)....Pages 43-57 Comparative Analysis of the Enactment and Interpretation of the Preamble and Chapter I of the Model Law on Cross-Border Insolvency—General Provisions (Neil Hannan)....Pages 59-90 Comparative Analysis of the Enactment and Interpretation of the Chapter II of the Model Law on Cross-Border Insolvency—Access of Foreign Representatives and Creditors to Courts in This State (Neil Hannan)....Pages 91-99 Comparative Analysis of the Enactment and Interpretation of Chapter III of the Model Law on Cross-Border Insolvency—Recognition of Foreign Proceeding and Relief (Neil Hannan)....Pages 101-146 Comparative Analysis of the Enactment and Interpretation of Chapter IV of the Model Law on Cross-Border Insolvency—Operation with Foreign Courts and Foreign Representatives (Neil Hannan)....Pages 147-157 Comparative Analysis of the Enactment and Interpretation of Chapter V of the Model Law on Cross-Border Insolvency—Concurrent Proceedings (Neil Hannan)....Pages 159-166 Conflict of Laws (Neil Hannan)....Pages 167-205 Present Issues with Concepts of Centre of Main Interest and Establishment (Neil Hannan)....Pages 207-211 Applicability of Rules of Private International Law (Neil Hannan)....Pages 213-225 Interrelationship Between the Model Law and the EC Regulation (Neil Hannan)....Pages 227-236 Current Proposals Which May Affect the Model Law (Neil Hannan)....Pages 237-244 Conclusions (Neil Hannan)....Pages 245-251 Back Matter ....Pages 253-270