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This Fourth Edition highlights and expands upon previous editions' insights into key legal and practical issues arising from the application of the EIR in practice within each of the EU member-states, while also taking a look at the UK post-Brexit effects on the courts.
Table des matières
- Foreword
- 1: Prof. Ian F Fletcher LLD KC (Hon): Historical Overview: The Drafting of the Insolvency Proceedings Regulation and its Precursors
- 2: Stuart Isaacs KC and Prof. Dr. Stephan Madaus: The Insolvency Proceedings Regulation as an EU Legal Instrument
- 3: Tomáš Richter: Scope and Jurisdiction
- 4: Prof. Dr. Rolef de Weijs and Lilian Welling-Steffens: Choice of Law Rules
- 5: Georgina Peters: Recognition and Enforcement
- 6: Felicity Toube KC, Jennifer Marshall and Prof. Francisco Garcimartin: Cross-Border Security and Quasi-Security
- 7: Prof. Matthias Haentjens: Financial Institutions
- 8: Prof. Christoph Paulus and Tom Smith KC: Commentary on the Original Insolvency Proceedings Regulation and the Recast Insolvency Proceedings Regulation
- 9: Stuart Isaacs KC and Prof. Gerard McCormack: The Ongoing Potential Application of the RR in the UK
A propos de l'auteur
Stuart Isaacs KC returned to private practice at the Bar in 2020, after several years as a disputes partner in a major US law firm in London. He practices at Wilberforce Chambers in the fields of commercial law, international arbitration, and corporate and insolvency law. He also maintains his own practice in Singapore, where he was the first KC to be authorized to practice foreign law. His practice covers the range of Commercial Court and contentious Chancery work and he has been involved in many reported commercial and EU law cases, having argued over 20 cases in the CJEU. He regularly acts as an arbitrator and is an accredited mediator and has rights of audience in the UAE and the Singapore International Commercial Court and several Caribbean jurisdictions. He is a Deputy Judge of the High Court. He was educated at Downing College, Cambridge, and the Université Libre de Bruxelles.
Tom Smith KC is a King's Counsel, practicing at South Square in London. Tom specializes in commercial litigation and arbitration, banking and finance, corporate insolvency and restructuring, and company law including investment funds (hedge funds and private equity). He also practices in the fields of civil fraud and asset recovery, professional negligence, and trusts. He has also been involved in many of the major restructuring and insolvency cases in recent years, including significant Supreme Court and Privy Council decisions in the fields of banking, insolvency and restructuring, and investment funds. He frequently appears as an advocate both in England and in other jurisdictions including the Cayman Islands, the British Virgin Islands, Dubai, Bermuda, Trinidad and Tobago, and Gibraltar. He practices in the areas of restructuring and insolvency, banking and finance, commercial litigation, and civil fraud.
Prof. em. Dr. Christoph G. Paulus has worked several times as a consultant for both the IMF and the World Bank in Washington DC. Moreover, from 2006 through 2011, he served as an adviser to the German delegation on the UNCITRAL insolvency law sessions. He has lectured worldwide and has held guest professorships at various universities. Additionally, he is a member of various international institutions such as the American College of Bankruptcy and the International Insolvency Institute (of which he has been a Vice-President until the summer of 2017). Since his retirement in the spring of 2019, he's been an Associate Member of South Square, London, and since September 2019, Of Counsel with White & Case, Berlin. Currently, he is a member of the European expert group advising the Commission on its harmonization efforts in insolvency law.
Résumé
This Fourth Edition highlights and expands upon previous editions' insights into key legal and practical issues arising from the application of the EIR in practice within each of the EU member-states, while also taking a look at the UK post-Brexit effects on the courts.
Texte suppl.
This treatise comes as highly recommended for anyone with academic and professional interest on the European rules on the opening, recognition and enforcement of insolvency proceedings across the block.
