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Cross-Border Insolvency Law
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Cross-Border Insolvency Law

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Overview
To be published Oct 2015 (LexisNexis) PRE-ORDER NOW!
ISBN: 9780409340297.
Description

Gopalan, S; Guihot, M

This new work provides a comprehensive and theoretically rich discussion of the Australian law on cross-border insolvency.

Cross-Border Insolvency Law in Australia engages with several current multi-billion dollar insolvencies such as those of Nortel Networks and Lehman Brothers to provide the reader with state of the art knowledge of the complex problems posed by transnational insolvency.

As the number of transnational insolvencies grows due to prevailing economic conditions, practitioners are increasingly required to navigate the mass of legal rules applicable to cross-border insolvency situations. The associated challenges are heightened by the diversity of legal structures employed by modern business entities and a patchwork of costly, inefficient, and unpredictable national legal rules. The response has been a proliferation of international legal instruments such as the UNCITRAL Model Law, supra-national rules such as the EU Insolvency Regulation, and judicial practice, adding further layers of complexity.

Writing from an Australian perspective, the authors analyse this network of legal rules and subsequent case law. In addition, they explain the theoretical underpinnings of these rules in an accessible manner to build a solid foundation for practice, facilitate advanced reasoning, and enable the development of sophisticated arguments for law reform. Comparative case law from jurisdictions such as the United States and United Kingdom is also included.

This book is highly relevant to insolvency practitioners faced with the recovery of assets transnationally, transactional lawyers for whom knowledge of potential insolvency pitfalls is essential, and academics. It is invaluable for students at both undergraduate and postgraduate level seeking a sound understanding of this challenging area of law.

 

Features

     •     Provides a concise theoretical account of international insolvency to develop clear understanding of the concepts underpinning the cross-border insolvency practice
     •     Includes a comparative overview of key international developments and case law 
     •     Highlights key trends in practice to ensure practitioners remain current
     •     Offers innovative arguments and approaches to this complex area of law


AUTHOR

Sandeep Gopalan is a Professor of Law and the Dean of Deakin Law School, Deakin University. Previously, he was the Dean of Newcastle Law School, Head of the Department of Law at the National University of Ireland, and an Associate Professor of Law in the United States and in the United Kingdom. Prior to his academic career, he worked as an investment banker on Wall Street and a lawyer. He holds BCL and DPhil degrees from Oxford University, where he was a Rhodes Scholar. His work has been published in elite academic journals, particularly in the area of international commercial law.

 

Michael Guihot is a Senior Lecturer in the Faculty of Law at the Queensland University of Technology. His research and teaching interests are in the areas of international insolvency law, and commercial and competition law. Prior to entering academia, he practised in commercial law, particularly competition law, intellectual property and business compliance.

TABLE OF CONTENTS

     Chapter 1.     Principles Underpinning International Insolvency Law
     Chapter 2.     Jurisdiction in International Insolvency Law
     Chapter 3.     Comity, the Common Law and Legislation
     Chapter 4.     UNCITRAL Model Law and the Cross-Border Insolvency Act 2008
     Chapter 5.     Enterprise Groups
     Chapter 6.     Recognition and Enforcement 
     Chapter 7.     Discharge of Debts
     Chapter 8.     Comparative Observations on the United States and Europe

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