International Insolvency Law: Reforms and Challenges

ISBN-13: 9780754674825 / Angielski / Twarda / 2013 / 452 str.

Paul Omar

Opis

International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.

Recenzje

'This fascinating collection offers insights from a range of insolvency specialists. The beauty of the text lies in the diversity of coverage. Apart from the mainstream issues, we find perceptive analysis of bank insolvency, franchise distress, the impact of insolvency on employees and the interface with environmental law. The comparative input is excellent. Overall, an essential addition to the library of any insolvency scholar.' David Milman, Lancaster University, UK '...highly recommended both to read and as a reference source. [this book] provides a lead to numerous other issues and ideas, throughout the insolvency world.' Australian Journal of Corporate Law

Spis treści

Contents: Editorial preface; Part I New Thoughts on Insolvency: Catholic social thought and corporate insolvency law, Armin J. Kammel; International trade and insolvency, Paul Todd. Part II The Law Reform Imperative: Tranched, squared and derived: credit derivative regulatory reform and the restructuring of insolvent businesses, Janis Sarra; China’s new bankruptcy law: notable features and key enforcement issues, Rebecca Parry and Haizheng Zhang; Creating a template for banking insolvency law reform after the collapse of Northern Rock, Roman Tomasic. Part III Issues in Corporate Rescue: Aggrieved shareholders as creditors: an unmapped coordinate in the cartography of Australian insolvency law, Anil Hargovan; The Australian corporate rescue provisions: how do they compare?, David Morrison and Colin Anderson. Part IV Issues for Small and Medium Enterprises: The extension of small company voluntary arrangements: a response to the Conservative Party’s corporate restructuring proposals, John Tribe. Part V Issues in Personal Insolvency: Perspectives on protecting the family home in South African insolvency law, Corlia van Heerden, André Boraine and Lienne Steyn; Debt enforcement regimes outside bankruptcy in English law: observations on current diversity and future complexity, David Milman. Part VI The UNCITRAL Projects: Representing the interests of unsecured creditors: a comparative look at UNCITRAL’s legislative guide on insolvency law, Susan Block-Lieb, Juraj Alexander and Evgeny Kovalenko; Is the future bright for enterprise groups in insolvency? An analysis of UNCITRAL’s new recommendations, Irit Mevorach; Beyond the UNCITRAL model law in Australasia: the scope for bilateral agreements, David Brown; Index.

O autorze

Paul Omar is a Barrister and Senior Lecturer in Law at the University of Sussex, UK.