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OverviewThe book deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws). Part I of the book is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems - principally Australia, Canada, France and the USA - are examined by way of comparison. There are up to date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognise foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate. Part II of the book explores the progress towards the creation of international arrangements to co-ordinate and rationalise the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings, in force throughout the UK since May 2002, and the UNCITRAL Model Law on Cross-Border Insolvency, which is due for enactment in the UK. Full Product DetailsAuthor: Ian FletcherPublisher: Oxford University Press Imprint: Oxford University Press Edition: 2nd Revised edition Dimensions: Width: 15.60cm , Height: 4.60cm , Length: 23.40cm Weight: 1.273kg ISBN: 9780199262502ISBN 10: 0199262500 Pages: 776 Publication Date: 30 September 2005 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Unknown Availability: Awaiting stock  Table of ContentsPreface; Tables; PART I - INTERNATIONAL INSOLVENCY: NATIONAL APPROACHES; 1. Theory and Principle in Cross-Border Insolvency; 2. Insolvency of Individuals; 3. Insolvency of Companies; 4. Judicial Assistance in Cross-Border Insolvencies: Current Provisions under National Law; PART II: INTERNATIONAL REGULATION OF INTERNATIONAL INSOLVENCY: REGIONAL INITIATIVES; 5. Latin America, Scandinavia and the NAFTA Countries; 6. Council of Europe Convention of Istanbul, 5 June 1990; 7. The EC Regulation on Insolvency Proceedings; PART III: INTERNATIONAL REGULATION OF INTERNATIONAL INSOLVENCY: GLOBAL INITIATIVES; 8. The UNCITRAL Model Law on Cross-Border Insolvency; 9. Beyond the Model Law: The Quest for International Standards and Principles; APPENDICES; I. Selected National Legislation; II. European Union: Council Regulation (EC) No 1346/2000 on Insolvency Proceedings; III. Council of Europe: Istanbul Convention, 5 June 1990 (English and French texts); IV. UNCITRAL Model Law on Cross-Border Insolvency, May 1997; V. Latin American Treaties; VI. Nordic Bankruptcy Convention, 7 November 1933; VII. Virgos-Schmit Report on the 1995 Convention on Insolvency Proceedings; VIII. Select BibliographyReviewsReviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. Anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 A dense and tightly argued work. The style is lucid and straightforward . A work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Reviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. Anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 A dense and tightly argued work. The style is lucid and straightforward . A work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Reviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. ... This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. ...anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 ,. .a dense and tightly argued work... the style is lucid and straightforward... this is a work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Reviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. ... This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. ...anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 , .. a dense and tightly argued work... the style is lucid and straightforward... this is a work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Reviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. ... This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. ...anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 ,. .a dense and tightly argued work... the style is lucid and straightforward... this is a work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Reviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. Anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 A dense and tightly argued work. The style is lucid and straightforward . A work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Reviews from previous edition: <br> For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. ... This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. ...anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999<br> Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000<br>,. .a dense and tightly argued work... the style is lucid and straightforward... this is a work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999<br> Reviews from previous edition: For providing a path through the jungle of international insolvency and bringing clarity to thinking about the subject, Professor Fletcher is to be greatly congratulated. This is a marvellous book. Professor Fletcher writes clerly about a difficult subject and there is a great deal of material here. Anyone who is interested in this fascinating area of private international law, whether practitioner or academic, cannot really afford to be without it on their shelves. --Pippa Rogerson, Cambridge Law Journal, 1999 Professor Fletcher's excellent book constitutes a most welcome addition to the existing literature in this field. --Michael Bodgan, Nordic Journal of International Law, Issue 69, 2000 A dense and tightly argued work. The style is lucid and straightforward . A work that merits more than one reading. --Stephen Baister, Insolvency Bulletin, May 1999 Author InformationProfessor Ian Fletcher is the Herbert Smith Professor of International Commercial Law at University College London, appointed in January 2001. He was called to the Bar by Lincoln's Inn in 1971, of which he was elected a Bencher in 2003, and currently practises from 3/4 South Square, Gray's Inn. His principal research and teaching interests are in the fields of bankruptcy and insolvency Law, commercial law, European Community law, conflict of laws, and comparative law. He is the author, co-author, contributor, and editor of many books on these subjects. Tab Content 6Author Website:Countries AvailableAll regions |
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