Recasting the Insolvency Regulation: Improvements and Missed Opportunities

ISBN-13: 9789462653658 / Angielski / Miękka / 2021 / 131 str.

Vesna Lazic; Steven Stuij

Spis treści

Chapter 1. Insolvency Forum Shopping, Revisited.- Chapter 2. Contracting around insolvency jurisdiction: private ordering in European insolvency jurisdiction rules and practices.- Chapter 3. Jurisdictional rules on approval requirements in the European Insolvency Regulation Recast.- Chapter 4. The law applicable to the transaction avoidance in cross-border insolvency proceedings.- Chapter 5. Cooperation and Communication between Parties in the Management of Cross-Border Parallel Proceedings under the European Insolvency Regulation Recast.

Blurb

This book comprises contributions relating to the Insolvency Regulation Recast,

which recently entered into force. The authors analyse the changes introduced and

give their views on the improvements that are thereby achieved. In other words, they

assess to what extent the amendments have mitigated the disadvantages of the previous

Insolvency Regulation.

Three of the chapters concentrate on the issues pertaining to jurisdiction, such as

the problem of forum shopping by re-locating the debtor’s centre of main interests.

Furthermore, the extent to which the parties have the freedom to contract within

the framework of the Insolvency Regulation Recast is discussed. Also, the relevance

and consequences of recent developments in corporate law for the current crossborder

insolvency framework, as well as the jurisdictional issues concerning approval

requirements are amongst the matters addressed. Aside from the jurisdictional matters,

the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossborder

cooperation between national authorities in the field of insolvency is touched

upon. To conclude, this book covers a range of specific and intriguing topics brought

up by the Insolvency Regulations Recast.

This third volume in the Short Studies in Private International Law Series is primarily

aimed at legal academics dealing with cross-border insolvency, but it will also prove

useful to insolvency judges and practitioners, as well as those specialised in financial

and fiscal law. Finally, advanced students as well as those with a general interest in

insolvency law will also find it of added value.