Recasting the Insolvency Regulation

This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation.Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe 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 withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements areamongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called 'avoidance actions' is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast.This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value.Vesna Lazi is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam.

Includes contributions from legal scholars who have published extensively in the field of private international law and international insolvency law Contains in-depth analyses of recurring issues under the regime of the Insolvency Regulation and the Insolvency Regulation Recast Devotes attention to new developments to be taken into account Brings together a variety of viewpoints from the areas of private international law, insolvency law and cross-border judicial cooperation

Inhalt

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.