Full Description
This book provides an in-depth analysis of the jurisdiction in cross-border corporate insolvency proceedings within EU member states, investigating the rationale, structure and functioning of the grounds to initiate and supervise the proceedings according to the European Insolvency Regulation (Recast). It explores personal, territorial, and substantive scopes of the insolvency courts' jurisdiction, as well as its interplay with the jurisdiction of other courts and Alternative Dispute Resolution (ADR) mechanisms.
The author discusses national, EU and international case law and legislation, utilising practical and theoretical approaches. Chapters engage with liquidation and restructuring by adopting a combined perspective on European private international law and insolvency law.
Key Features:
Deep analysis of jurisdictional principles in cross-border insolvency
Combined perspective on private international law and insolvency law
Solutions to cases where insolvency proceedings run parallel with civil and commercial proceedings
Focus on asset tracing and recovery
Discussing on the interplay between cross-border insolvency proceedings and ADR
Jurisdiction in EU Cross-Border Insolvency Law is an essential reading for lawyers, judges and insolvency practitioners. Its unique insights will also be greatly beneficial to students, academics and practitioners in private international law, arbitration, and European Union law.
Contents
Contents
Preface
Table of cases
Table of legislation
1 Introduction
2 Jurisdiction to open and supervise the insolvency proceedings
3 Jurisdiction under vis attractiva and consolidation
4 Jurisdiction on preservation and recovery measures
5 Special jurisdictional regimes
6 Settling disputes on jurisdiction
7 Jurisdiction and ADR in EU cross-border insolvency
8 Conclusions
Bibliography
