Cross-border Insolvency
A Commentary on the UNCITRAL Model Law
By: Look Chan Ho
About This Book
Cross-border insolvency is an increasingly topical issue and cross-border insolvency practice continues to develop rapidly. Cross-Border Insolvency: A Commentary on the UNCITRAL Model Law, 4th Ed is an updated, enhanced edition covering the national implementation of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency.Written by specialists from each jurisdiction, this new edition provides an in-depth, article-by-article analysis of the local enactment and application of the model law in each of the jurisdictions concerned, alongside consideration of the relationship between the model law and any existing cross-border insolvency jurisprudence. Each chapter adopts essentially the same format for ease of reference, addressing key concepts such as the centre of main interests, court-to-court communication, enforcement of security interests and the protection of debtors and creditors.New to the fourth edition are chapters on Chile and the Philippines with an expanded South African chapter to include the OHADA countries.This major new edition is an invaluable guide to the local application and comparative analysis of the model law for anyone dealing with cross-border insolvency issues. Lawyers in private practice or in-house, insolvency practitioners, government authorities, academics and students will find this expanded edition an essential addition to their library.
AI Overview
The book "Cross-Border Insolvency: Principles and Practice" by Look Chan Ho is a comprehensive analysis of the complex legal area of cross-border insolvency. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:
Key Themes
- Jurisdiction and Conflict of Laws: The book examines the jurisdiction to commence insolvency proceedings, focusing on how different legal systems interact in cross-border insolvency cases.
- Recognition and Enforcement: It delves into the recognition and enforcement of foreign insolvency proceedings, highlighting the challenges and complexities involved in these processes.
- Choice of Law: The author analyzes the choice of law principles in cross-border insolvency, comparing and contrasting different legal frameworks to strengthen understanding and practice.
Plot Summary
The book does not have a traditional narrative structure but rather presents a detailed, analytical approach to cross-border insolvency law. It covers the entire corpus of cross-border insolvency regimes from three conflict perspectives:
- Jurisdiction to Commence Insolvency Proceedings: The author discusses the rules and regimes governing when and where insolvency proceedings can be initiated across different jurisdictions.
- Recognition and Enforcement of Foreign Insolvency Proceedings: This section explores the mechanisms and challenges involved in recognizing and enforcing insolvency decisions made in foreign jurisdictions.
- Choice of Law: The book examines how different legal systems apply their own laws in cross-border insolvency cases, including the principles of private international law.
Critical Reception
The book has received positive reviews for its comprehensive and analytical approach to cross-border insolvency law. Here are some key points from the critical reception:
- Expert Analysis: Look Chan Ho is recognized as a well-experienced practitioner and a clever analyst of many topics in cross-border insolvency law. His expertise is reflected in the book's detailed analysis.
- Unique Approach: The author presents a unique approach by analyzing the English framework of rules and regimes from the perspective of conflict of laws, which strengthens the understanding and practice of cross-border insolvency.
- Serious Observations: The book highlights that the area of cross-border insolvency law lacks a solid taxonomic order and that practices often rely too much on improvisation. However, the author argues that this improvisation can sometimes lead to pragmatic solutions and fair outcomes.
Overall, "Cross-Border Insolvency: Principles and Practice" by Look Chan Ho is a seminal work in the field of cross-border insolvency law, offering a thorough and insightful analysis of the complex legal issues involved.