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Cross-Border Insolvency

The Enactment and Interpretation of the UNCITRAL Model Law

Authors: Hannan, Neil

  • Studies how the UNCITRAL Model Law on Cross-Border Insolvency has been introduced in Australia, Canada, New Zealand, the UK, and the USA, and the variations made by each state in enacting legislation
  • Compares how the courts have interpreted the UNCITRAL Model Law on an article-by-article basis
  • Considers possible reasons for inconsistencies in the interpretation of the provisions of the Model Law
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eBook $129.00
price for USA (gross)
  • ISBN 978-981-10-5876-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.00
price for USA
  • ISBN 978-981-10-5875-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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.


About the authors

Neil Hannan is a partner at Thomson Geer in Melbourne, Australia, whose area of practice is insolvency, specifically cross-border insolvencies. His experience includes commercial litigation, banking and finance, insurance, insolvency, directors’ and officers’ claims, and claims under the Competition and Consumer Act and the Corporations Act. He regularly appears in the Supreme and Federal Courts and on behalf of clients, including leading financial institutions, accountants, and corporate entities operating in both local and international markets.

Table of contents (16 chapters)

  • Introduction

    Hannan, Neil

    Pages 1-4

  • Development of the Model Law

    Hannan, Neil

    Pages 5-14

  • Manner of Introduction of the Model Law

    Hannan, Neil

    Pages 15-21

  • How Does the Model Law Affect Existing Principles of Recognition?

    Hannan, Neil

    Pages 23-41

  • Concepts of Centre of Main Interest and Establishment

    Hannan, Neil

    Pages 43-57

Buy this book

eBook $129.00
price for USA (gross)
  • ISBN 978-981-10-5876-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.00
price for USA
  • ISBN 978-981-10-5875-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Cross-Border Insolvency
Book Subtitle
The Enactment and Interpretation of the UNCITRAL Model Law
Authors
Copyright
2017
Publisher
Springer Singapore
Copyright Holder
Springer Nature Singapore Pte Ltd.
eBook ISBN
978-981-10-5876-9
DOI
10.1007/978-981-10-5876-9
Hardcover ISBN
978-981-10-5875-2
Edition Number
1
Number of Pages
XII, 270
Topics