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Reinhard Bork, Michael Veder - UNCITRAL Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments, Inbunden

Inbunden, Engelska, 2025

UNCITRAL Model Laws on Cross-Border Insolvency and on the Recognition and Enforcement of Insolvency-Related Judgments

An Article-by-Article Commentary

Av Reinhard Bork, Michael Veder

Del i serien Elgar Commentaries in Corporate and Company Law

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Beskrivning
This authoritative Commentary presents a comprehensive analysis of two essential model laws: the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) and the UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLIJ), which aim to harmonize cross-border insolvency law.Two of the leading voices in the field, Reinhard Bork and Michael Veder, bring together a team of experts to trace the adoption and transposition of the UNCITRAL model laws from their inception through to their interpretation by national courts in various jurisdictions across Australasia, Europe, North America, South America and Africa, offering an overarching perspective alongside an evaluation of significant case law and literature. Chapters define key terms such as foreign main proceedings and foreign non-main proceedings, as well as exploring the challenges faced when applying the model laws to different types of proceedings. The contributions underscore the importance of the model laws in facilitating recognition and cooperation between different national courts, and illuminate their meaning in order to allow courts and practitioners to interpret and apply their national laws as uniformly as possible.Key Features:Detailed article-by-article examination of the MLCBI and MLIJ by leading international expertsIn-depth evaluation of the role of foreign representatives and creditors to courts in enacting statesAnalysis of the model laws in relation to key cross-border insolvency cases.This is an invaluable resource for lawyers, judges, academics and students specializing in insolvency law. It is also of great interest to practitioners of commercial law, as well as arbitration and dispute resolution.
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Edited by Reinhard Bork, Professor, University of Hamburg, Germany; Senior Research Fellow, Commercial Law Centre, Harris Manchester College, Oxford, UK and Visiting Professor, Radboud University, Nijmegen, the Netherlands and Michael Veder, Professor of Insolvency Law, Radboud Business Law Institute, Faculty of Law, Radboud University, the Netherlands and Attorney/Adviser, RESOR

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‘The book makes a fresh and important addition to literature on the topic. It contains an extensive and elaborate analysis by authors from across the globe. Several audiences are likely to find this an interesting book. Users will include legislators, considering these Model Laws, as well as practitioners to get a better understanding of a provision’s meaning and impact in other countries. This is a timely book furthermore for courts, to learn how courts in other countries apply the rules and for students across the world who are interested in the evolution and internal dynamics of these Model Laws.’

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