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Direct Claims Against UK Insurers of Insolvent Defendants

This post comes to us from Jones Day. It has been co-authored by Ian F. Lupson, ...

1 August 2016

Jones Day

Brexit and Insolvency – A View from the Continent

The now famous Article 50 of the Treaty on European Union (‘TEU’) provides that, after receiving a Member State’s notification of the intention to withdraw from the EU, the EU...

1 August 2016

Bob Wessels

Principles of Cross-Border Insolvency Law – and Their Value for Judges and Legislators

I. IntroductionThis paper gives a very short summary of my forthcoming book (Principles of Cross-Border Insolvency Law, Intersentia 2017). It deals with a fascinating question: what are the...

18 July 2016

Reinhard Bork

Secured Transaction Law Reform Project Replies to Insolvency Service Consultation Paper

This post comes from Sarah Paterson, chair of Working Group C of the Secured Transactions Law Reform Project. It brings together two initiatives already explored on...

7 July 2016

Sarah Paterson

The Low Use of Bankruptcy Procedures in Spain: Reasons and Implications

The design of bankruptcy law may have a significant impact on people´s access to finance, the asset and capital structure of firms, and the level of innovation and entrepreneurship in...

16 June 2016

Aurelio Gurrea Martínez

The Legal Framework for CCP Default Management Processes

The central clearing of OTC derivatives is a key element of the post-crisis financial markets reforms. It offers numerous benefits for financial stability including the multilateral netting of cleared exposures...

10 June 2016

Jo Braithwaite

The CJEU Allows VAT Debt Waiving for Business Rescue: The Seeds of a New Deal?

The ‘new approach to business failure’ is influencing tax law. When a taxable entity is distressed, Member States now enjoy flexibility in collecting VAT debts in order to facilitate rescue...

25 May 2016

Renato Mangano

The New Normal in Bank Insolvency Law

Financial law may not have been shaken, but it has certainly been seriously stirred over the last ten years. With some exaggeration, it might be contended that there has been...

11 May 2016

Bob Wessels

EU Courts Can Rely on Soft Law Principles for Cooperation in Cross-border Insolvency Cases

In autumn 2015 the EU Cross-Border Insolvency Court-to-Court Cooperation Principles (‘EU JudgeCo Principles’) were published.These 26 (non-binding) principles encompass subjects such as the objectives of cooperation in cross-border insolvency cases,...

19 April 2016

Bob Wessels

A Leap Forward in the Harmonisation of Insolvency Laws across Europe: Inception Impact Assessment and Public Consultation

Two initiatives have recently been undertaken to harmonise by means of a directive some aspects of the substantive insolvency laws of the Member States. These initiatives are: a) the EU...

11 April 2016

Renato Mangano

Direct Claims Against UK Insurers of Insolvent Defendants

Brexit and Insolvency – A View from the Continent

Principles of Cross-Border Insolvency Law – and Their Value for Judges and Legislators

Secured Transaction Law Reform Project Replies to Insolvency Service Consultation Paper

The Low Use of Bankruptcy Procedures in Spain: Reasons and Implications

The Legal Framework for CCP Default Management Processes

The CJEU Allows VAT Debt Waiving for Business Rescue: The Seeds of a New Deal?

The New Normal in Bank Insolvency Law

EU Courts Can Rely on Soft Law Principles for Cooperation in Cross-border Insolvency Cases

A Leap Forward in the Harmonisation of Insolvency Laws across Europe: Inception Impact Assessment and Public Consultation

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