Hardback
The UNCITRAL Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments
An Article-by-article Commentary
9781839102516 Edward Elgar Publishing
This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonise cross-border insolvency law.
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Critical Acclaim
More Information
This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonise cross-border insolvency law.
Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe and North America, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.
Key Features:
● Detailed article-by-article examination of the MLCBI and MLIJ by leading international experts
● In-depth evaluation of the role of foreign representatives and creditors to courts in enacting states
● Analysis of the model laws in relation to key cross-border insolvency cases, including Rubin v Eurofinance SA [2013] and In re Vitro S.A.B. de C.V. [2012]
This is an invaluable resource for lawyers, judges, academics and students specialising in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.
Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe and North America, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.
Key Features:
● Detailed article-by-article examination of the MLCBI and MLIJ by leading international experts
● In-depth evaluation of the role of foreign representatives and creditors to courts in enacting states
● Analysis of the model laws in relation to key cross-border insolvency cases, including Rubin v Eurofinance SA [2013] and In re Vitro S.A.B. de C.V. [2012]
This is an invaluable resource for lawyers, judges, academics and students specialising in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.
Critical Acclaim
‘The UNCITRAL Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments is an Article-by-Article commentary on the relevant Model Laws by a formidably impressive list of contributors, edited by Professors Michael Veder and Reinhard Bork with all of their trade-mark clarity and rigour. It should find a home on the bookshelves of all judges, practitioners, policy makers and academics in the field of corporate insolvency and restructuring law and will be of great interest to those in other fields such as property law, contract law, and finance law.
A few features contribute to the usefulness of this volume. First, it identifies gaps in the Model Laws regimes and suggests ways in which they might be navigated. In other words, the commentary covers what is not in the Articles as well as what we find there. In a similar vein, differences in adoption between jurisdictions are analysed and evaluated. Second, an invaluable range of case law from around the world is woven into the analysis. Third, the volume engages with the debates that led up to the final text, as well as existing academic work, frequently illuminating how we might interpret the provisions that we have. And finally, connections are made across the Articles so that the book can be read as a whole, cover to cover, or dipped into as a reference tool for specific issues.
This is an elegantly written and constructed map of a complex landscape that will be an invaluable guide for any traveller setting out to chart a path through the complex cross-border insolvency and restructuring landscape.’
– Sarah Paterson, The London School of Economics and Political Science (LSE), UK
‘This exceptional Commentary is an essential resource for cross-border insolvency practitioners and scholars. Through their expert analysis of two UNCITRAL Model Laws, Reinhard Bork and Michael Veder provide clarity on subtle legal issues, practical insights from landmark cases and a framework for consistent international insolvency standards.’
– Scott Atkins, Norton Rose Fulbright, Australia
‘Professors Bork and Veder have compiled a detailed and insightful series of contributions from leading academics in the global insolvency field, tracing the development and application of the UNCITRAL Model Law around the world. Their book is indispensable reading for new practitioners, and a daily, go-to deskbook for experienced insolvency professionals.’
– Mark Bloom, Baker & McKenzie LLP, USA
‘With the recent wave of adoptions of the UNCITRAL Model Law on Cross-Border Insolvency by countries across the globe, several audiences are likely to find this an interesting book. The Model Law on the Recognition and Enforcement of Insolvency-Related Judgments was waiting for a solid explanation. Users of this welcome book include legislators, considering these Model Laws as well as practitioners to get a better understanding of a provision’s meaning and impact in other countries. A timely book also for courts, to learn how courts in other countries apply the rules and for students across the world who are interested in the evolution and internal dynamics of these Model Laws. A selection of experts from countries on all continents will provide a versatile and up-to-date commentary.’
– Bob Wessels, University of Leiden, the Netherlands
A few features contribute to the usefulness of this volume. First, it identifies gaps in the Model Laws regimes and suggests ways in which they might be navigated. In other words, the commentary covers what is not in the Articles as well as what we find there. In a similar vein, differences in adoption between jurisdictions are analysed and evaluated. Second, an invaluable range of case law from around the world is woven into the analysis. Third, the volume engages with the debates that led up to the final text, as well as existing academic work, frequently illuminating how we might interpret the provisions that we have. And finally, connections are made across the Articles so that the book can be read as a whole, cover to cover, or dipped into as a reference tool for specific issues.
This is an elegantly written and constructed map of a complex landscape that will be an invaluable guide for any traveller setting out to chart a path through the complex cross-border insolvency and restructuring landscape.’
– Sarah Paterson, The London School of Economics and Political Science (LSE), UK
‘This exceptional Commentary is an essential resource for cross-border insolvency practitioners and scholars. Through their expert analysis of two UNCITRAL Model Laws, Reinhard Bork and Michael Veder provide clarity on subtle legal issues, practical insights from landmark cases and a framework for consistent international insolvency standards.’
– Scott Atkins, Norton Rose Fulbright, Australia
‘Professors Bork and Veder have compiled a detailed and insightful series of contributions from leading academics in the global insolvency field, tracing the development and application of the UNCITRAL Model Law around the world. Their book is indispensable reading for new practitioners, and a daily, go-to deskbook for experienced insolvency professionals.’
– Mark Bloom, Baker & McKenzie LLP, USA
‘With the recent wave of adoptions of the UNCITRAL Model Law on Cross-Border Insolvency by countries across the globe, several audiences are likely to find this an interesting book. The Model Law on the Recognition and Enforcement of Insolvency-Related Judgments was waiting for a solid explanation. Users of this welcome book include legislators, considering these Model Laws as well as practitioners to get a better understanding of a provision’s meaning and impact in other countries. A timely book also for courts, to learn how courts in other countries apply the rules and for students across the world who are interested in the evolution and internal dynamics of these Model Laws. A selection of experts from countries on all continents will provide a versatile and up-to-date commentary.’
– Bob Wessels, University of Leiden, the Netherlands
