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International Insolvency Review

Impact factor: 0.15 Print ISSN: 1180-0518 Online ISSN: 1099-1107 Publisher: Wiley Blackwell (John Wiley & Sons)

Subjects: Business, Finance, Law

Most recent papers:

  • Debtor in possession or debtor under supervision? The legal position of the concordat debtor under Turkish law and the lessons of EU Directive 2019/1023.
    M. Serhat Sarısözen, Serkan Kaya.
    International Insolvency Review. 2 days ago
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThe legal position of the concordat debtor under Article 297 of the Turkish Enforcement and Bankruptcy Law has acquired growing comparative significance in light of EU Directive 2019/1023 on Preventive Restructuring Frameworks. This article demonstrates that the Turkish concordat debtor is, in functional terms, already a debtor in possession (DIP) within the meaning of the Directive. The default DIP status, graduated court‐ordered restrictions and commissioner supervision model of Turkish law map directly onto the PRD's core architecture, reflecting a shared Continental European legal tradition. Within the spectrum of EU national implementations, Turkish law sits closest to the French and Austrian models and diverges most markedly from the Dutch WHOA and German StaRUG. Notwithstanding this structural convergence, the article identifies significant operational gaps between the two frameworks and develops concrete de lege ferenda proposals for legislative reform, with the aim of advancing Türkiye's ongoing harmonisation with the EU acquis in the field of preventive restructuring law.\n"]
    May 08, 2026   doi: 10.1002/iir.70043   open full text
  • A shadow on solvency: Deconstructing Section 10A of India's insolvency code in a global pandemic.
    Mohneesh Sersia.
    International Insolvency Review. 2 days ago
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThis paper critically examines Section 10A of India's Insolvency and Bankruptcy Code (IBC), a measure introduced during the COVID 19 (Coronavirus Disease 2019) pandemic to suspend the initiation of the Corporate Insolvency Resolution Process for defaults occurring between March 2020 and March 2021 (Ramesh Kymal v. Siemens Gamesa Renewable Power Pvt Ltd 3 SCC 224). While intended to protect businesses, the provision's clause that no application ‘shall ever be filed’ for such defaults created a permanent extinguishment of creditor remedies under the IBC, functioning as a blunt instrument with severe consequences (Ibid. See also Samisti Legal, ‘Impact of Section 10A of the IBC: Relief or Roadblock?’ (Samisti Legal, 29 April 2025) accessed 25 July 2025). This paper argues that the blanket prohibition, lacking a causality test or judicial discretion, was manifestly arbitrary and disproportionate, violating Articles 14 and 21 of the Constitution (Anita Kushwaha v. Pushap Sudan [2016] 8 SCC 509). It deconstructs the legislative choice of an Ordinance, which cemented the measure's permanence, and highlights a core paradox: suspending a rehabilitative law during a crisis, treating it as a threat rather than a tool for rescue. A comparative analysis with the calibrated approaches based on discretion of the United Kingdom, United States, and Singapore underscores the anomalous nature of India's response (Corporate Insolvency and Governance Act 2020 [UK]). The paper also maps the uncoordinated actions of regulatory bodies like the Reserve Bank of India and Insolvency and Bankruptcy Board of India, which amplified uncertainty, and assesses the economic fallout, including the moral hazard and disproportionate harm to operational creditors. Concluding that Section 10A is a case study in legislative overbreadth, it proposes policy recommendations for a more resilient and constitutionally sound insolvency framework (Ramesh Kymal [n 1]).\n"]
    May 08, 2026   doi: 10.1002/iir.70036   open full text
  • Holding out on restructuring negotiations: A legal analysis over Finnish and Swedish legislation.
    Anssi Kärki.
    International Insolvency Review. 12 days ago
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThis article examines how Finnish and Swedish restructuring laws create opportunities for creditors to hold out on restructuring negotiations. Using Anthony Casey's new bargaining theory and the traditional creditors' bargain model as analytical frames, the study argues that holdouts arise when ex ante rights – particularly security interests, procedural privileges, and statutory limitations – are preserved in ways that impede value‐preserving renegotiation ex post. Through a structured analysis of contract continuation rules, entry thresholds, security rights, cramdown design, and debt‐adjustment restrictions, the article shows key holdouts in the Swedish and Finnish restructuring frameworks. The most baffling holdout is discovered in the Finnish rule requiring the restructuring plan to preserve creditor rights as far as possible. Such a rule is in direct contradiction with the view that restructuring is about renegotiation rather than a one‐sided privilege of the debtor. The article offers an analysis of the justification of these holdout positions from the viewpoints of economic theory and policy goals.\n"]
    April 28, 2026   doi: 10.1002/iir.70039   open full text
  • Towards climate‐conscious corporate restructuring: A comparative exploration of English and Bhutanese legal frameworks.
    Eugenio Vaccari, Migmar Lham.
    International Insolvency Review. 13 days ago
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThis paper conducts a comparative legal analysis of corporate restructuring frameworks in England and Bhutan, examining their capacity to integrate climate variability considerations and promote sustainable business practices. It discusses the procedural mechanisms for restructuring financially distressed enterprises available under the law of both countries and assesses how the countries' tools and frameworks could be incrementally leveraged or structurally reformed to facilitate a transition to a sustainable economy. The paper also investigates Bhutan's bankruptcy legal and policy landscape including a draft Insolvency and Rehabilitation Act of Bhutan 2025, evaluating the extent to which its Gross National Happiness philosophy, with its inherent emphasis on environmental conservation and sustainable development, influences its approach to corporate distress and restructuring. By comparing two distinct legal philosophies—the market‐driven English model and the sustainability‐centred Bhutanese approach—this research identifies the pillars of ‘sustainability’ in each of these two legal regimes and discusses best practices and potential areas for mutual learning in developing robust, climate‐responsive corporate insolvency and restructuring regimes. This comparative analysis highlights how disparate legal traditions can converge on the imperative of climate action, offering insights into regulatory enhancements that foster ecological resilience within economic frameworks (Anders K. Møller, Deviating Development? Exploring the linkages between Foreign Direct Investment and Gross National Happiness in Bhutan (2016) ).\n"]
    April 27, 2026   doi: 10.1002/iir.70041   open full text
  • Prudence lost? Recent judicial application of cramdown in China.
    Haizheng Zhang, Jingshu Zhang, Tianwa Yang.
    International Insolvency Review. April 16, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThis article critically examines the application of cramdown provisions under China's Enterprise Bankruptcy Law, with a focus on whether courts have meaningfully implemented the principle of judicial prudence emphasized by the Supreme People's Court. Drawing on an empirical analysis of post‐2018 judicial decisions, the article finds that while courts formally comply with statutory requirements, such as voting thresholds and restrained use of public interest, they often lack substantive engagement in reviewing valuation assumptions, feasibility assessments and creditor objections. This procedural conformity has turned cramdown into a tool for expedient plan approval, rather than a mechanism to safeguard fairness and encourage good‐faith negotiation. The article identifies deeper institutional and legislative deficiencies, including vague statutory language, limited judicial capacity, and the absence of structured safeguards, which collectively undermine the intended role of cramdown as a protective device for dissenting creditors. To address these challenges, the article advocates three key refinements: prioritizing tiered distribution to ensure equitable outcomes for small creditors, establishing structured feasibility assessment criteria, and equipping judges with reliable valuation tools. By institutionalizing these refinements, Chinese courts can move beyond formal compliance toward substantive prudence, restoring cramdown as a principled instrument for resolving complex corporate reorganizations.\n"]
    April 16, 2026   doi: 10.1002/iir.70037   open full text
  • The debt priority scheme in insolvent liquidation in Ghana: An evaluative analysis.
    Kenneth N.O. Ghartey.
    International Insolvency Review. March 27, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThe broad distinction between secured and unsecured debt has important implications for their treatment in insolvency. The general rule is that all creditors are treated pari passu in the distribution of the insolvency estate: sharing the assets pro rata according to their pre‐insolvency entitlements. Security interests, however, modify this pari passu treatment by giving priority to secured debt in insolvency. Several national insolvency regimes also give preference to certain classes of debt, thereby altering the broad treatment of secured and unsecured debt in insolvency. These alterations are expressions of policy choices that can have direct and indirect consequences for the creditor–debtor regime. This article uncovers and evaluates the policy choices underlying the debt priority scheme in insolvent liquidation in Ghana in comparison to the stated objectives of the corporate insolvency system under the Corporate Insolvency and Restructuring Act, 2020 (Act 1015). The analysis uncovers a significant omission and two instances of confusion in the purpose of the system for the classification and priority of debt under Act 1015. Overall, the article concludes that severe subordination of general unsecured debt under the Ghanaian scheme is a strong disincentive to advancing unsecured credit to businesses, especially small businesses, which often have few viable assets for the creation of secured interests. In an economy in which the majority of businesses are small and medium enterprises, the debt priority scheme is unnecessarily skewed towards big business and does not accord with the realities of the character of the Ghanaian economy.\n"]
    March 27, 2026   doi: 10.1002/iir.70034   open full text
  • Soft law, hard choices: Lessons from India's cross‐border insolvency protocols.
    Alok Verma.
    International Insolvency Review. March 20, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThe UNCITRAL Model Law on Cross‐Border Insolvency (Model Law) has been accepted as a solution to harmonize international insolvency practices. However, its limited adoption and inconsistent interpretation by the Courts have hindered its effectiveness. Amid the uncertainty, the use of contractual arrangements and the adoption of insolvency protocols have emerged as viable alternatives to address these gaps. India Inc., too, faces challenges due to a lack of statutory clarity under the Insolvency and Bankruptcy Code. While recent legislative proposals aim to incorporate substantive provisions on cross‐border insolvency, uncertainty persists over procedural aspects. Drawing from key cases such as Macfadyen & Co. and Jet Airways, the article highlights how contractual arrangements and court‐to‐court cooperation can facilitate innovative solutions despite the absence of a formal legal framework in India. The article argues for a balanced approach that retains procedural rigour while enabling flexibility to resolve complex cross‐border disputes by use of the inherent power of the court. By leveraging judicial creativity, India can develop a robust cross‐border insolvency regime that promotes cooperation, creditor protection, and economic efficiency. The paper concludes that the inherent jurisdiction of courts serves as a critical doctrinal tool in cross‐border insolvency, enabling the judiciary to facilitate cooperation in complex transnational disputes. Even with the prospective adoption of the Model Law, the inherent jurisdiction of courts will remain indispensable in resolving disputes involving jurisdictions that have yet to implement the Model Law.\n"]
    March 20, 2026   doi: 10.1002/iir.70035   open full text
  • Challenging assumptions about American and Canadian consumer bankruptcy online education models.
    Sue L. T. McGregor.
    International Insolvency Review. March 19, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nBankruptcy counselling and debtor education (which can now occur online) have been linked to recidivism rates. But there is little research on online service delivery related to credit counselling and little empirical evidence on the effectiveness of short‐duration, online bankruptcy modules or courses. This research commentary explores assumptions surrounding American and Canadian online bankruptcy education models with a focus on factors that might shape the effectiveness of online delivery and improve consumer self‐efficacy to reduce recidivism. After describing both models, the discussion turns to the effectiveness of online delivery models in general, bankrupts assuming responsibility for self‐directed learning, assumptions around both their readiness and motivation for e‐learning, e‐learning under stress, senior e‐learners, and assessing successful online learning. The intent is to stimulate future research on this under‐researched aspect of the insolvency phenomenon.\n"]
    March 19, 2026   doi: 10.1002/iir.70032   open full text
  • The butterfly effect of civil procedure law revision on cross‐border bankruptcies in China.
    Xiaoxiao Zhang, Fuyong Ou.
    International Insolvency Review. March 19, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nChina enacted an amendment to its Civil Procedure Law in 2023, which contains several new provisions regarding the jurisdiction and the judgement enforcement of foreign‐related cases. Given that there is only one provision on cross‐border bankruptcies within the Chinese Enterprise Bankruptcy Law, the new provisions within the amendment to the Civil Procedure Law can play a complementary role in several aspects such as jurisdiction and recognition of cross‐border bankruptcy. Firstly, the liquidation of a corporation registered in China is subject to compulsory jurisdiction in the country, as established under the exclusive jurisdiction rule. Secondly, proper connection and forum non conveniens rules could potentially expand the Chinese courts' jurisdiction over bankruptcy‐derived suits. Lastly, the revision of the rules pertaining to refusal of recognition and enforcement of foreign judgements offers increased opportunities for the recognition of cross‐border bankruptcy proceedings and judgements in China.\n"]
    March 19, 2026   doi: 10.1002/iir.70033   open full text
  • Insolvency‐related foreign judgements in Nigeria: Contextualising English legal influence and comparative analysis of the UNCITRAL regime.
    Pontian N. Okoli.
    International Insolvency Review. February 23, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nThe United Nations Commission on International Trade Law (UNCITRAL) has produced the most robust international insolvency regime applicable to countries around the world. The Model Law on Cross‐Border Insolvency (1997) is widely accepted and already very popular among African countries. UNCITRAL adopted two other model laws: (1) the Model Law on Recognition and Enforcement of Insolvency‐Related Judgments (2018); and (2) the Model Law on Enterprise Group Insolvency (2019). Nigeria has neither adopted the Model Law on Cross‐Border Insolvency (MLCBI) nor any other relevant international instrument despite the importance of cross‐border insolvencies and their economic implications. The United Kingdom, even before Brexit, adopted a narrow approach to the MLCBI which poses challenges for former English colonies that may be inclined to the influence of English legal tradition and judicial influence. The Model Law on Recognition and Enforcement of Insolvency‐Related Judgments (MLIJ) provides an opportunity to identify and analyse issues that the Nigerian legislator should consider in exploring options to facilitate the recognition and enforcement of obligations arising from insolvency‐related judgements. This article provides an analytical overview of the legal regime and delimits the scope of existing frameworks. There is a comparative assessment of whether any interpretive scope for comity exists in the applicable regime, considering the MLIJ's aim of promoting comity and cooperation between jurisdictions. The article examines how relevant UNCITRAL jurisprudence can support legislative development—including how the legislator can manage comity challenges considering relevant tests under the MLIJ. Other countries in a similar position as Nigeria will benefit from the analysis and recommendations in this article.\n"]
    February 23, 2026   doi: 10.1002/iir.70028   open full text
  • Treatment of cash surrender value in policyowner bankruptcies in China.
    Geleite Xu, Fei Li.
    International Insolvency Review. January 14, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nCash value insurance policies constitute an important type of policyowners' assets. In cases where policyowners become insolvent and enter bankruptcy proceedings, a key question arises as to whether the cash surrender value (CSV) of such policies may be collected to satisfy creditor claims and, if so, how. In China, under the current legal framework, deficiencies in this regard not only create ambiguities and controversies but also fail to adequately balance the interests of relevant parties. To improve the status quo, drawing on a comparative analysis of certain aspects of the experience in the United States and the Taiwan region, this article proposes a streamlined mechanism for the treatment of the CSV in the context of policyowner bankruptcy. Basically, policyowners should be entitled to the CSV only when they are, or are likely to become, beneficiaries. In bankruptcy proceedings, the CSV of an insurance policy belonging to a debtor‐policyowner should form part of the debtor's estate that is subject to creditor claims, and bankruptcy administrators may seek to surrender the policy and realise its CSV from the issuing insurer in the debtor‐policyowner's stead. In addition, the right of subrogation should be introduced, enabling parties with an insurable interest in the insured to prevent the policy from being surrendered by paying an amount equal to the CSV and thereby becoming the new policyowner. In this way, the interests of all relevant parties connected to the insurance policy can be appropriately balanced.\n"]
    January 14, 2026   doi: 10.1002/iir.70026   open full text
  • Ignorance is not bliss: Directors, insolvency literacy and the rescue gap.
    Emilie Ghio.
    International Insolvency Review. January 13, 2026
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nCorporate rescue has become a central policy goal in modern insolvency law. Across jurisdictions, legislators and international organisations have invested heavily in restructuring frameworks intended to facilitate early intervention and preserve viable businesses. Yet, despite sustained reform effort, the practical use of rescue procedures remains consistently low. Explanations typically focus on structural barriers such as cost, procedural complexity and creditor dynamics. This paper argues that these accounts overlook a more fundamental constraint: company directors' understanding of insolvency law. Most insolvency regimes place directors at the centre of the rescue process, expecting them to recognise financial distress, appreciate shifting legal duties and initiate appropriate procedures. The effectiveness of rescue frameworks, therefore, depends implicitly but critically on directors possessing sufficient familiarity with insolvency concepts, options and consequences. Where insolvency law is poorly understood, weakly signposted or encountered only at a late stage, formal rescue mechanisms may exist but remain unused in practice. Drawing on comparative institutional insights and two case studies, the paper demonstrates how differences in director‐facing visibility, professional mediation and institutional support shape the accessibility of rescue regimes. Ireland's Small Company Administrative Rescue Process illustrates how even well‐designed procedures may struggle to gain traction when knowledge diffusion among directors and first‐line advisers is limited. By contrast, the United States' Subchapter V shows how procedural simplification can be effective when embedded within a broader ecosystem that actively produces, disseminates and normalises insolvency knowledge. The paper concludes that insolvency reform must move beyond statutory engineering to address the conditions under which directors encounter and interpret insolvency law. Without attention to legal literacy, professional pathways and institutional signalling, the promise of a rescue culture will remain an illusion.\n"]
    January 13, 2026   doi: 10.1002/iir.70027   open full text
  • Critical analysis of the practice of insolvency in Ethiopia in protecting creditors' interests: A good law buried in institutional dysfunction.
    Samuel Biresaw, Mia Rahim.
    International Insolvency Review. December 09, 2025
    ["International Insolvency Review, EarlyView. ", "\nAbstract\nInsolvency law is one of the mechanisms uniformly used by nations to protect creditors from the ex post risk of non‐payment of their debts emanating from the debtors' insolvency. With the substantial increase in the risk of creditors during insolvency, stronger protection should be accorded to creditors' interests. The complete protection of creditors' interests during insolvency requires not only the safeguarding of creditors' rights in insolvency law but also the correct interpretation and application of the law by insolvency courts, as well as the efficient execution of court decisions resolving the debtor's affairs and guaranteeing creditors' rights to recover their debts. This study, for the first time, evaluates whether the practice of insolvency in Ethiopia effectively protects creditors' interests by critically analysing qualitative interview data and a 25‐year dataset of insolvency court decisions. The study highlights that the practice of insolvency in Ethiopia is inadequate in protecting creditors' interests due to the entrenched deficiencies in the country's institutional and procedural mechanisms, which hinder the correct interpretation and implementation of the law and the execution of court decisions on the ground to protect creditors' interests. There is also a considerable misalignment with international best practices in insolvency applications. Accordingly, the study proposes solutions and reforms (both legal and institutional) to eradicate or mitigate the deficiencies in insolvency practice in Ethiopia, thereby enhancing the protection of creditors' interests.\n"]
    December 09, 2025   doi: 10.1002/iir.70025   open full text
  • An offshore perspective on Re BHS Group Ltd (in liquidation): Wrongful trading and misfeasance trading (case comment).
    Andrew Bridgeford, Peter Haydon, Jennifer Jenkins, Bruce Lincoln, Abel Lyall.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 502-516, Winter 2025. ", "\nAbstract\nIn Wright and others v Chappell and others (re BHS Group Ltd and others in liquidation) [2024] EWHC 1417 the English High Court found the BHS directors liable for both wrongful trading and misfeasance trading. In this article we consider the equivalent options for liquidators, and the potential defences available to directors, under the differing insolvency laws of the BVI, Cayman Islands, Guernsey and Jersey.\n"]
    November 26, 2025   doi: 10.1002/iir.70015   open full text
  • Ipso facto clauses in cross‐border insolvency: From STX Pan Ocean to Hanjin Shipping and beyond.
    WooJung Jon.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 793-821, Winter 2025. ", "\nAbstract\nThis article examines the enforceability of ipso facto clauses in cross‐border insolvency, with a focus on the landmark STX Pan Ocean case. This case highlighted divergent judicial approaches and the critical role of legal frameworks in conflict‐of‐laws scenarios, as evidenced by the contrasting outcome in the Hanjin Shipping case. In Fibria Celulose S/A v Pan Ocean Co Ltd, an English court ruled that the Korean administrator had failed to demonstrate that Korean law would render the ipso facto clause invalid. This outcome exposes a fundamental question: should the effect of insolvency on contracts be governed by the contract's governing law (lex contractus) or the law of the insolvency forum (lex fori concursus)? This article addresses the scholarly debate surrounding South Korean law's treatment of ipso facto clauses. It highlights the challenges and potential solutions to the lex contractus versus lex fori concursus dilemma.\n"]
    November 26, 2025   doi: 10.1002/iir.70024   open full text
  • A bibliometric analysis of research on personal insolvency.
    Haomin Kang, Ruohua Ning, Xing Liu, Jiaming Yang.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 546-564, Winter 2025. ", "\nAbstract\nThis article employs bibliometric methodologies to examine the essential characteristics, disciplinary knowledge structures, and the prevailing themes and trends in the study of personal bankruptcy systems. The foundational data is derived from relevant literature documented in the Web of Science Core Collection database spanning from 2003 to 2024. The findings reveal that: (1) the volume and citation frequency of literature related to personal bankruptcy systems have exhibited exponential growth, with scholars from the United States playing a dominant role in this field; (2) research primarily focuses on law, economics, and sociology, indicating a trend towards interdisciplinary integration, though a stable core group of authors has yet to emerge; (3) existing studies predominantly discuss the economic effects, social implications, and legislative enhancements of personal bankruptcy systems; (4) current research concentrates on bankruptcy discharge, debt restructuring, and consumer credit issues. Future studies should pay greater attention to regional variations in personal bankruptcy systems, engage in empirical analysis, and enhance interdisciplinary integration to provide theoretical support and practical guidance for the refinement of personal bankruptcy legislation.\n"]
    November 26, 2025   doi: 10.1002/iir.70020   open full text
  • A developing country's perspective: Reforming insolvency laws to encourage their usage.
    Phoebe Gatoto.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 517-545, Winter 2025. ", "\nAbstract\nOpportunities in developing countries draw multinational companies, which include but are not limited to low‐cost labour and abundant raw materials. As with any enterprise in any part of the world, there is a risk of business failure when multinational companies operate in developing countries. Consequently, the issue that arises is where insolvency proceedings should commence due to the multinational nature of these organisations. There is no international rule about where insolvency proceedings should open, with this being a matter for each country's laws. As a strategy, multinational companies may bypass developing countries' insolvency systems in favour of other jurisdictions with potentially favourable outcomes. For example, there may be a preference for the members of a multinational group to be handled under insolvency proceedings in one particular country, which may be far from the jurisdiction where the companies operated. This article is centred on why laws in developing countries may not be suitable for multinationals and what can be done to ensure cases do not end up in a court far away, in the United States of America (US) or in the United Kingdom (UK). The aim is to identify ways in which developing countries may reform their laws to encourage their use by multinational companies. The following are the key features to be examined to address the aim of the article: (i) to examine some of the justifications provided by multinational companies as to why developing countries are not suitable forums to commence insolvency proceedings; (ii) to make a general assessment of a selection of developing countries' insolvency laws and institutions; and (iii) to identify what essential values should be incorporated in developing countries' insolvency law reforms for effective insolvency laws.\n"]
    November 26, 2025   doi: 10.1002/iir.70019   open full text
  • Establishing cross‐border insolvency rules for shipping in Hainan free trade port.
    Zhu Li, Ya ‐ ru Zhu.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 565-587, Winter 2025. ", "\nAbstract\nThe Hainan Free Trade Port Law grants Hainan unprecedented rule‐making autonomy compared with other domestic pilot free trade zones. This autonomy provides a solid foundation for Hainan to develop cross‐border insolvency rules for shipping. Despite the sector's rapid growth and increased investment from multinational and domestic shipping firms since the Hainan Free Trade Port's establishment, a significant gap in cross‐border insolvency provisions remains within Chinese law. Effective 1 December 2021, the ‘Regulations on the Bankruptcy Procedure of Enterprises in Hainan Free Trade Port’ do not cover cross‐border insolvency, underscoring the need for more specific legal frameworks. The Enterprise Bankruptcy Law of the People's Republic of China (‘Enterprise Bankruptcy Law’), particularly Article 5, serves as the primary legal foundation for cross‐border insolvency in China. The application and interpretation of this provision have been further elucidated through judicial opinions issued by the Chinese Supreme People's Court. For instance, the Proceedings of the Work Conference of the National Courts on Bankruptcy Trial highlighted the principle of reciprocity and the need to protect creditors' rights, emphasising the balance between domestic creditors' interests and international cooperation. These judicial opinions highlight the dynamic development of cross‐border insolvency law in China and the judiciary's significant role in its practical implementation. Although the Enterprise Bankruptcy Law of the People's Republic of China provides some guidance, its overly stringent and general nature fails to address the complexities of shipping‐related cross‐border insolvency. To protect creditors' and debtors' rights and manage the growing complexity of insolvency cases effectively, Hainan should establish specific rules for shipping insolvency. These rules should address jurisdictional conflicts between maritime and non‐maritime courts, define the application of ship preference in insolvency law, clarify conditions for the recognition and relief of cross‐border insolvency, and tackle barriers to international cooperation mechanisms in shipping insolvency. Building on this foundation, specific regulations can be formulated for managing jurisdictional conflicts, prioritising compensation for maritime liens, facilitating recognition and relief of foreign insolvency proceedings, and enhancing international cooperation in cross‐border maritime insolvency. Developing these regulations will create a more legal, international, and convenient business environment at the Hainan Free Trade Port.\n"]
    November 26, 2025   doi: 10.1002/iir.70018   open full text
  • Dispelling and returning: The deconstruction and remodelling of China's pre‐reorganisation system.
    Yuxia Song, Han Chen, Mei Sun.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 618-661, Winter 2025. ", "\nAbstract\nThe pre‐reorganisation system is an innovative corporate rescue mechanism that integrates and builds upon out‐of‐court restructuring and in‐court bankruptcy reorganisation. It combines the dual advantages of both approaches and has been widely applied. As China actively promotes the establishment of an “open, transparent, standardised, and efficient market exit mechanism,” numerous local courts are exploring the pre‐reorganisation system. This article uses diverse research methods—including text mining, empirical analysis and questionnaire surveys—to investigate its judicial practice. The findings show that: government and court dominance in pre‐reorganisation is inevitable; initiation procedures are inappropriate and deviate from the system's original design; the system's positioning is misaligned, potentially causing case delays; and rule design is disordered with low accessibility, leading to unsatisfactory outcomes. The study proposes, firstly, to redefine the boundaries of administrative power, judicial power and market power in pre‐reorganisation, to establish a tripartite interaction model scharacterised by administrative complementarity, judicial guidance and market dominance, thereby correcting the excessive involvement of non‐market forces. Secondly, it suggests managing the out‐of‐court restructuring at the source (i.e., the front end) of the pre‐reorganisation process. Thirdly, it aims to grasp the dimensions of judicial efficacy and public governance in the application of pre‐reorganisation procedures, ensuring their correct implementation. Lastly, it seeks to construct a multiparty interest coordination mechanism that promotes benign collaboration and to improve safeguard mechanisms to ensure the smooth completion of the pre‐reorganisation process and its effective connection with subsequent stages, such as liquidation and sreorganisation. This research constructs a diversified, multilevel rescue mechanism that is balanced, unified and efficient, providing a new case for international comparative studies and a new direction for China's spre‐reorganisation rules.\n"]
    November 26, 2025   doi: 10.1002/iir.70017   open full text
  • A survey of Australian insolvency practitioners about the moratorium in corporate insolvency and its potential reform.
    Leonard McCarthy.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 588-617, Winter 2025. ", "\nAbstract\nA survey of Australian insolvency practitioners explored the moratorium in corporate insolvency and its potential for reform. Conducted between 18 May and 30 June 2024, the survey targeted 1175 registered liquidators and recognised insolvency lawyers, gathering 119 responses. This survey was conducted in the context of the 2023 Australian Parliamentary Committee inquiry into insolvency laws, which called for a comprehensive and independent review of Australia's insolvency laws, the last being in 1988. The survey aimed to gather current opinions on the moratorium's effectiveness and potential reforms to enhance stakeholder outcomes. The results of the survey did not identify any appetite amongst practitioners for any material augmentation of the moratorium, for example, a US style comprehensive automatic stay.\n"]
    November 26, 2025   doi: 10.1002/iir.70014   open full text
  • Cross‐border Insolvency in Hong Kong: Developments and Updates 2025.
    Patrick Yung.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 662-684, Winter 2025. ", "\nAbstract\nIn 2022, the author surveyed the extensive common law framework of providing recognition of and assistance to foreign insolvency practitioners in Hong Kong and argued that the development was intended to achieve two objectives, namely harmonizing the Hong Kong common law position with the relevant principles under the UNCITRAL Model Law on Cross‐border Insolvency, and strengthening the implementation of the mutual recognition framework on corporate insolvency proceedings between the Mainland and Hong Kong. Three years have passed, and the Hong Kong court has continued to develop the relevant jurisprudence. This article aims to review the relevant authorities between 2022 and 2025 and discuss how some new issues may be resolved in light of these two objectives.\n"]
    November 26, 2025   doi: 10.1002/iir.70013   open full text
  • New development of cross‐border insolvency in the Chinese Mainland and Hong Kong: Criteria review and jurisdictional issues.
    Qing Shi, Haizheng Zhang.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 759-792, Winter 2025. ", "\nAbstract\nSince its implementation in May 2021, the Cross‐Border Insolvency (hereinafter CBI) Cooperation Mechanism between Chinese Mainland and Hong Kong has operated for 4 years, yielding a discernible number of cases crossing the two jurisdictions. To facilitate future collaboration, this article evaluates the current practices under the Cooperation Mechanism and identifies existing challenges. Specifically, by analysing cases adjudicated between designated pilot courts in the Chinese Mainland and Hong Kong, the article clarifies the application of key legal criteria, including the Centre of Main Interests (COMI) test, the requirement that “the company's principal assets in the Mainland are located in a pilot area, or it maintains a place of business or a representative office in a pilot area,” and the necessity principle. Furthermore, the article highlights gaps in procedural rules and judicial practice when Mainland courts issue applications for recognition and assistance to Hong Kong courts. Given that the Cooperation Mechanism and its accompanying Practical Guide only outline the manner and procedures for applications within pilot areas, this study also examines practical challenges in cooperation between Hong Kong and non‐pilot areas in the Chinese Mainland. Finally, the article summarizes the policies issued in pilot areas to implemented Cooperation Mechanism and proposes potential solutions to strengthen cross‐border insolvency collaboration.\n"]
    November 26, 2025   doi: 10.1002/iir.70012   open full text
  • The regime regarding suspension of security interests during bankruptcy reorganization: From the perspective of small and medium‐sized enterprises in China.
    Chuanliang Wang, Tianqi Liu.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 739-758, Winter 2025. ", "\nABSTRACT\nDue to the misalignment between enterprises and market demands, the need for bankruptcy reorganization among small and medium‐sized enterprises (SMEs) has been progressively rising. In the context of increasingly frequent cross‐border insolvency cases, the complexity of such situations has significantly intensified. In judicial practice, the exercise of creditors' rights, particularly those of secured creditors, is often restricted in an effort to salvage SMEs. However, there are ongoing concerns regarding the criteria and duration for suspending the exercise of security rights, as well as the excessive limitations imposed on secured creditors without sufficient safeguards. By striving for a balance between the restrictions placed on secured creditors and the protections afforded to SMEs during the bankruptcy reorganization, this paper seeks to establish a theoretical foundation for the suspension of security interests through the analysis of judicial cases in China and by referencing the bankruptcy laws of the United States, Japan, and other jurisdictions.\n"]
    November 26, 2025   doi: 10.1002/iir.70011   open full text
  • The place of micro and small Enterprises in European Insolvency law.
    Oleksiy Kononov.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 685-712, Winter 2025. ", "\nAbstract\nMicro and small enterprises (MSEs) form the backbone of the European economy but remain particularly vulnerable to financial distress and insolvency. Despite the EU's efforts to harmonise insolvency laws, significant divergences persist among Member States, especially regarding tailored frameworks for smaller businesses. The Preventive Restructuring Directive (PRD) (EU 2019/1023) introduced optional provisions for small and medium‐sized enterprises (SMEs), yet their selective transposition reflects the reluctance of some jurisdictions to adopt special regimes.\nThe 2022 Proposal for further harmonisation sought to address these gaps, notably by introducing simplified winding‐up procedures for microenterprises. However, disagreements over national legislative autonomy, the roles of insolvency practitioners and courts, and inconsistencies in definitions hindered consensus.\nThis paper critically examines the evolution of EU insolvency law as it relates to MSEs, evaluates national implementation practices, and explores possible pathways for harmonisation, despite the ultimate failure to establish a unified winding‐up regime for smaller businesses. It argues that while a coordinated EU approach is necessary, achieving a balance between legal uniformity and national flexibility remains a significant challenge.\n"]
    November 26, 2025   doi: 10.1002/iir.70010   open full text
  • A comparative study on the compensation of bankruptcy trustees in insolvent estates.
    R. D. Vriesendorp, J. M. W. Pool.
    International Insolvency Review. November 26, 2025
    ["International Insolvency Review, Volume 34, Issue 3, Page 713-738, Winter 2025. ", "\nAbstract\nA well‐functioning bankruptcy system is essential for economic stability, ensuring the efficient resolution of bankruptcies and the fair distribution of remaining assets. However, many jurisdictions face the issue of “empty,” “assetless,” or “insolvent” estates, where the assets of bankrupt entities are insufficient to cover the costs of the bankruptcy proceeding, particularly the compensation of bankruptcy trustees. This issue has been considered an obstacle in the Dutch legal practice by bankruptcy trustees, judges, and other lawyers for many years, and recently also by Dutch policymakers, but its actual size and approach for possible solutions have received little attention in scholarship. To this end, we conducted a comprehensive study of various aspects of the issue. Part of this study concerned the review of a number of foreign legal systems to learn from best practices abroad. This explorative part of our study provides a comparative analysis of 18 jurisdictions outside the Netherlands on how different countries address the challenge of compensating bankruptcy trustees in cases where estates lack sufficient funds. The goal of this part of our research was to look for the legal framework in those jurisdictions with the aim to provide an overview of existing funding strategies abroad. These strategies include public funding mechanisms, where the state covers trustee compensation in cases of insufficient assets, and advance payments by applicants to cover (initial) costs. Additionally, some systems rely on mechanisms like minimum guaranteed fees, insurance schemes, or funding from specialized bankruptcy funds. This part of the study concludes by offering an overview of the variety of bankruptcy trustee compensation in insolvent estates.\n"]
    November 26, 2025   doi: 10.1002/iir.70009   open full text
  • The European Insolvency Regulation and the UNCITRAL Model Law on Cross‐Border Insolvency.
    Reinhard Bork.
    International Insolvency Review. September 12, 2017
    This article compares the Recast European Insolvency Regulation of 2015 with the UNCITRAL Model Law on Cross‐Border Insolvency of 1997, focussed on their scope of application, international jurisdiction and the coordination of main and secondary proceedings. The scopes of both catalogues of norms and their rules on coordination of main and secondary insolvency proceedings reflect one another. However, the Recast EIR makes a significantly greater contribution to the unification of law and is also more fully differentiated and more precise, even if this comes at a price, namely, limited flexibility. The UNCITRAL Model Law made an important contribution to the harmonisation of international insolvency law but requires now modernisation. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    September 12, 2017   doi: 10.1002/iir.1282   open full text
  • ‘Brexit’ and International Insolvency Beyond the Realm of Mutual Trust.
    Laura Carballo Piñeiro.
    International Insolvency Review. September 08, 2017
    The outcome of the referendum held in the UK in June 2016 is of far‐reaching and unpredictable consequences. This article focuses on the particular field of international insolvency with a view to identifying some of them, all arising out of the fact that the UK will be leaving the EU area of justice and the strong cooperation based on mutual trust between member states. This will make UK–EU insolvency cases clearly less efficient and effective. The consequences of Brexit could be mitigated by the already existing coordination among the international instruments dealing with these matters, in particular the European Insolvency Regulation and the UNCITRAL Model Law on Cross‐Border Insolvency. However, not all EU member states have in place rules dealing with these issues as regards to third states. In order to lessen the impact of Brexit in this sensitive area of law, the implementation of the Model Law in order to deal with extra‐EU cross‐border insolvency could be of avail. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd
    September 08, 2017   doi: 10.1002/iir.1283   open full text
  • From ‘Prisoner's Dilemma’ to Reluctance to Use Judicial Discretion: The Enemies of Cooperation in European Cross‐Border Cases.
    Renato Mangano.
    International Insolvency Review. September 08, 2017
    This article will focus on Articles 41–44 of the Recast European Insolvency Regulation (Regulation 2015/848) and the dynamic of cooperation and communication between courts and insolvency practitioners. Two main ideas will be maintained. The first is that cooperation requires a legal framework which is certain—otherwise, prescriptions imposing duties of cooperation and communication might produce ‘prisoner's dilemmas’ and, paradoxically, unwillingness to cooperate. The second idea is that prescriptions imposing duties of cooperation and communication have an intrinsic open texture—this characteristic ontologically requires courts and insolvency practitioners to make choices between different rulings and activities. These findings imply that while interventions, both at European level and at national level, aiming at making the legal framework more certain are always welcome, interventions aiming at better specifying contents and extension of duties of cooperation and communication could be to a certain extent useless and even counterproductive. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    September 08, 2017   doi: 10.1002/iir.1285   open full text
  • Grounds for Refusal of Recognition of (Quasi‐) Annex Judgements in the Recast European Insolvency Regulation.
    Zoltan Fabok.
    International Insolvency Review. August 25, 2017
    Insolvency‐related (annex) actions and judgements fall within the scope of the Recast European Insolvency Regulation (‘Recast EIR’). That instrument both determines international jurisdiction regarding annex actions and sets up a simplified recognition system for annex judgements. However, tension between the Recast EIR's provisions on jurisdiction and recognition arises when a court of a state different from the state of insolvency erroneously assumes jurisdiction for annex actions. Such ‘quasi‐annex’ judgements rendered by foreign courts erroneously assuming jurisdiction threaten the integrity of the insolvency proceedings. Besides, the quasi‐annex judgements may violate the effectiveness and efficiency of the insolvency proceedings as well as the principle of legal certainty. In this article, it is argued that even the current legal framework may offer some ways to avoid the recognition of such quasi‐annex judgements. First, the scope of the public policy exception may be extended in order to protect the integrity of the insolvency proceedings from the quasi‐annex judgements rendered by foreign courts erroneously assuming jurisdiction. Second, it may be argued that quasi‐annex judgements do not equal real annex judgements and therefore do not enjoy the automatic recognition system provided by the Recast EIR. At the same time, their close connection to the insolvency proceedings – disregarded by the forum erroneously assuming jurisdiction – may exclude quasi‐annex judgements from the scope of the Brussels Ibis Regulation, as well. As a consequence, those quasi‐annex judgements may fall within the gap between the two regulations, meaning that no European instrument instructs the courts of the member state addressed to recognise quasi‐annex judgements. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    August 25, 2017   doi: 10.1002/iir.1284   open full text
  • Reconsidering Procedural Consolidation for Multinational Corporate Groups in the Context of the Recast European Insolvency Regulation.
    Daoning Zhang.
    International Insolvency Review. August 25, 2017
    Procedural consolidation, as a solution to the rescue of insolvent multinational corporate groups (‘MCGs’), is said to be able to preserve group value for creditors. This article explores the desirability of procedural consolidation in the EU in the light of theories of corporate rescue law, cross‐border insolvency law, multinational enterprises and relevant EU cases with reference to the European Insolvency Regulation. It argues that, based on current cross‐border insolvency rules in the EU, there is an inherent difficulty for procedural consolidation in balancing the goal of preservation of group value and the goal of certainty. The article also considers the new ‘group procedural coordination proceedings’ offered by the Recast European Insolvency Regulation and argues that it may help to supplement the gap left by the procedural consolidation in the EU. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    August 25, 2017   doi: 10.1002/iir.1286   open full text
  • The Impact of Austerity in the Framework of Corporate Rescue and the Rights of Workers in the EU: A Road to Recovery?
    Jennifer L.L. Gant, Alexandra Kastrinou.
    International Insolvency Review. June 20, 2017
    The financial crisis and the sovereign debt crisis have been attributed to a number of causes. Whether these are economic, social, cultural or legal, they are all by and large also political. The aim of this article is not to delve into the myriad of heated political arguments that continue to dominate the scene but to assess the impact of the financial crisis on the employment protection rights and the corporate rescue regimes in Greece, Portugal, France and the UK. In light of the crisis, the rights of the workforce have been severely compromised to afford financially troubled companies a greater opportunity to recover. In order to minimise the catastrophic impact of financial turmoil on their economy and society, all four jurisdictions introduced reforms to their labour codes and corporate rescue mechanisms, often in the name of austerity. This article will offer a snapshot of the changes and their effects and an assessment whether or not the reforms of pre‐insolvency regimes have operated as an effective embankment for the protection of social and economic welfare. The purpose of this piece is to shed a light on the changes that have occurred and that have affected employment rights in the domestic legal systems of individual member states, as influenced to some extent by the EU in its expectations of improvements to increase labour market flexibility, and whether corporate rescue mechanisms in individual member states are able to provide some counterbalance to the erosion of employment rights generally. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    June 20, 2017   doi: 10.1002/iir.1276   open full text
  • An Invitation to Encourage Due Consideration for the Survivability of Rescued Businesses in the Business Rescue System of England and Wales.
    Bolanle Adebola.
    International Insolvency Review. June 20, 2017
    Rescue seeks to preserve the going concern in a financially distressed but potentially viable business. It aims, on one hand, to maximise the value in distressed businesses and, on the other, to give potentially viable but distressed businesses the opportunity of a second chance. In England and Wales, the main rescue process is structured to strive for the former but pays relatively little attention to the latter. The mechanisms that have been introduced to maximise the prospects of the achieving a going concern sale have been associated with the subsequent failure of the rescued business. It appears, therefore, that there is a discord between value maximisation and the survivability of rescued businesses. In 2015, the Graham Review sought to alleviate this discord by proposing the voluntary independent viability report and viability statement. While this article agrees with the reforms to the extent that they encourage due consideration for the future survival of rescued businesses, it argues that the requirements ought to be mandatory and that the buyer should be required to demonstrate that the amount of leverage carried forward and the time span for repayment are calculated with due consideration for the earning capacity of the rescued business and its own operational needs. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd
    June 20, 2017   doi: 10.1002/iir.1274   open full text
  • The Use of Noncourt‐Based Corporate Rescue: Does the Australian Voluntary Administration Procedure Provide a Model for China?
    Jenny Fu, Roman Tomasic.
    International Insolvency Review. June 15, 2017
    In the recent international history of insolvency law reform, the reform of corporate rescue and restructuring has been an ongoing project. In China, the enactment of the Enterprise Bankruptcy Law 2006 saw the introduction of a bankruptcy reorganisation procedure that incorporates the debtor‐in‐possession model found in Chapter 11 of the US Bankruptcy Code. However, the Chinese corporate rescue procedure has been significantly underused due in part to various drawbacks associated with this court‐based and highly politicalised process. This paper explores the possibility of reforming China's current corporate rescue regime by drawing upon the Australian voluntary administration procedure. Found in Part 5.3A of the Corporations Act 2001 (Cth), this procedure was designed to provide a relatively swift, inexpensive and flexible corporate rescue mechanism for companies in financial distress. It comprises a noncourt based mechanism under the control of one or more professionally qualified private administrators. It is interesting to note that the UK also moved away from exclusive reliance upon court‐based administration procedures following the passage of the Enterprise Act 2002. This moved the UK closer to the Australian practitioner‐dominated approach to corporate rescue. This paper argues that the addition of a voluntary administration‐style procedure to China's current corporate rescue regime may be needed as China develops its market economy based on the rule of law. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd
    June 15, 2017   doi: 10.1002/iir.1275   open full text
  • Corporate Restructuring and Corporate Dissolution of Companies in Financial Distress: Ensuring Creditor Protection. A Comparison of the US, UK and Dutch Models.
    Samantha Renssen.
    International Insolvency Review. May 30, 2017
    Where a company is in financial distress, there are two options: rescue of the (viable) company by restructuring or liquidation of the (unviable) company by dissolution. In practice, the most important restructuring procedure is the US Chapter 11. Many European jurisdictions have used Chapter 11 as a source of inspiration for the enactment of their restructuring proceedings. However, in Europe, national restructuring rules vary greatly in respect of the range of procedures available to companies in financial distress aiming at restructuring. Some European jurisdictions do not provide for formal restructuring procedures at all. Unviable companies in financial distress are too broke to restructure. In most European jurisdictions, unviable companies can be dissolved very quickly and cheaply. However, these procedures also differ from each other. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    May 30, 2017   doi: 10.1002/iir.1277   open full text
  • Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts.
    Stacey Steele.
    International Insolvency Review. March 27, 2017
    Japanese courts play an important role in appointing and remunerating insolvency practitioners. This article examines the roles of courts on the basis of academic and practitioner literature, judicial decisions and interviews with practitioners and former and current judicial officers. First, the article focuses on the methods used to appoint practitioners and the evolution of the system at the Tokyo District Court, Japan's busiest insolvency jurisdiction. Second, the article examines the courts' roles in reviewing and setting practitioners' remuneration through another case study from the Tokyo District Court. Practices trialled and developed in Tokyo are often adapted for local purposes around Japan. The article argues that the courts' involvement has helped to keep the cost of resolving corporate insolvency in Japan down. The review and setting of remuneration deserves particular attention with the increasing prevalence of pre‐packaged and informal restructuring that prima facie appears to allow for greater freedom to set remuneration as between the practitioner and debtor‐client. The article uses a case study to demonstrate that pre‐packaged restructuring is still influenced by the court, however, arguing that the relationship between the court and practitioners remains important. Finally, the article suggests that changes in Japanese insolvency practice and external factors may require the courts and the profession to revisit approaches to appointing and remunerating practitioners. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    March 27, 2017   doi: 10.1002/iir.1270   open full text
  • The Inherent Power of Common Law Courts to Provide Assistance in Cross‐Border Insolvencies: From Comity to Complexity.
    Andrew Godwin, Timothy Howse, Ian Ramsay.
    International Insolvency Review. March 23, 2017
    The weighty and difficult issues associated with cross‐border insolvency have generated considerable debate over the last two decades. Legislative reform has typically proven slow and fragmented. This article analyses the inherent power of common law courts to grant assistance in cross‐border insolvency proceedings and the basis on which the inherent power is exercised. In doing so, it seeks to explore how the inherent power may continue to be of utility to common law courts. In particular, it considers the position in jurisdictions that are yet to adopt the United Nations Commission on International Trade Law Model Law on Cross‐Border Insolvency or enact a substantial statutory regime for recognising and cooperating with foreign courts or representatives in insolvency proceedings. The article considers the benefits and disadvantages of continuing to recognise – and extend – the inherent power. It suggests that although there are fundamental differences concerning the exercise of the inherent power, it may be possible to agree on a number of principles that inform the application of the inherent power and its future development. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    March 23, 2017   doi: 10.1002/iir.1267   open full text
  • Asset Sales and Secured Creditor Control in Restructuring: A Comparison of the UK, US and Canadian Models.
    Alfonso Nocilla.
    International Insolvency Review. March 17, 2017
    The primary insolvency restructuring mechanism in the UK is administration under the Insolvency Act 1986, as amended by the Enterprise Act 2002. In an administration, an insolvency professional known as an administrator, who is accountable to the insolvent company's creditors as a whole, is appointed to oversee the restructuring. The administration process was designed to rehabilitate distressed but viable companies and businesses and to maximize creditors' recoveries. Increasingly, however, insolvent companies are using this process to sell substantially all of their assets through pre‐packaged administrations or ‘pre‐packs’. In a pre‐pack, the insolvent company and its senior creditors negotiate the terms of the sale prior to initiating administration proceedings and appointing an administrator. The administrator then implements the deal, often with little or no input from junior creditors or other stakeholders. Both the US Bankruptcy Code and the Companies' Creditors Arrangement Act in Canada permit insolvent companies to sell substantially all of their assets under the auspices of the restructuring legislation. This article compares pre‐packs with these US and Canadian processes, arguing that they are all functionally equivalent in that they facilitate quick realizations for secured creditors by bypassing traditional restructuring processes. This analysis suggests that pre‐packs may give too much control over the restructuring process to secured creditors, encouraging rent‐seeking and other value‐destructive behaviours that undermine the fundamental goals of insolvency law. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    March 17, 2017   doi: 10.1002/iir.1269   open full text
  • The Environmental Liabilities of a Bankruptcy Estate.
    Tuula Linna.
    International Insolvency Review. March 17, 2017
    The conflict between the bankruptcy creditors and the environmental responsibilities of a bankruptcy estate is discussed globally. The creditors' receivables are usually included in the protection of property rights regulated by Constitution. On the other hand, one can ask whether the bankruptcy estate is breaking the law as an operator by refusing to abolish the harmful environmental pollution. The bankruptcy estate is deemed to be an operator when it has the legal and factual possibility of taking the necessary environmental actions. Accordingly, the costs of the environmental measures taken by authorities instead of the bankruptcy estate must be paid with a super priority from the assets of the bankruptcy estate. Instead, the question concerning the priority status of private environmental damages is a political matter. The argumentation presented in the article may contribute new legislation concerning the environmental liabilities of bankruptcy estates. Copyright © 2017 INSOL International and John Wiley & Sons, Ltd.
    March 17, 2017   doi: 10.1002/iir.1268   open full text
  • Modelling as a Tool for Cross‐border Analysis of the Position of Insolvency Office Holders.
    Bernard Santen, Jan Adriaanse, Iris Wuisman.
    International Insolvency Review. October 20, 2016
    This paper presents a framework and a model applied to make a cross‐border analysis of the position of Insolvency Office Holders. Both the framework and the model were developed in the course of an assignment to design Principles and Best Practices for Insolvency Office Holders for INSOL Europe. The framework is developed by induction from a variety of sources of rules and regulations regarding Insolvency Office Holders, while the model subsequently has been derived by deduction from the framework. Finally, the paper shows how this method assisted in determining the issues to be covered by Principles and Best Practices. The authors argue that commencing international legal comparison with abstract reasoning and modelling may lessen the effect of researcher's academic or professional blind spots and cultural bias and has the potential to enhance the value of cross‐border analysis in terms of coherence, consistency and completeness. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd
    October 20, 2016   doi: 10.1002/iir.1259   open full text
  • What is in a Name? Group Coordination or Consolidation Plan—What is Allowed Under the EIR Recast?
    Michele Reumers.
    International Insolvency Review. October 17, 2016
    The European Insolvency Regulation Recast allows for group coordination proceedings if insolvency proceedings have been opened against different companies belonging to a single group. Group coordination proceedings imply the drafting of a group coordination plan in order to define an integrated solution to the group's problems. This plan shall not include recommendations as to any consolidation of proceedings or insolvency estates. Against the backdrop of the evolving notion of ‘procedural consolidation’ and the fact the insolvency practitioners and courts concerned have to cooperate and communicate with each other, this prohibition is misplaced and should be interpreted to mean only that main or secondary proceedings opened in a member state cannot be transferred to another jurisdiction. The effective administration of insolvency proceedings of related group companies often demands an integrated solution to the group's problems, which will inevitably lead to some form of consolidation. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd.
    October 17, 2016   doi: 10.1002/iir.1263   open full text
  • Are Bangladesh, India and Pakistan Ready to Adopt the UNCITRAL Model Law on Cross‐Border Insolvency?
    Morshed Mannan.
    International Insolvency Review. October 17, 2016
    The development of business laws in key markets has not kept pace with the exponential growth of foreign investment they have experienced. Countries such as Brazil, Russia and China either do not consider the issue of cross‐border insolvency in their legislation or they explicitly provide for a ‘territorialist’ approach to cross‐border insolvency proceedings, whereby each country grabs local assets for the benefit of local creditors, with little consideration of foreign proceedings. This has led to uncoordinated, expensive attempts at cross‐border reorganisation. The UNCITRAL Model Law on Cross‐Border Insolvency (1997) was adopted with the objective of modernising international insolvency regimes and enhancing cross‐border cooperation. In its 19 years of existence, it has been adopted by 41 countries in a total of 43 jurisdictions but by none of the BRIC states or the ‘Next‐11’ nations of Bangladesh and Pakistan. While it has entered into policy‐level discussion in China, India and Russia, it would seem that there is still scepticism regarding the efficacy and suitability of the Model Law for adoption into their national systems. This paper seeks to establish whether the Model Law can adequately plug, what Steven Kargman calls, ‘the glaring gap in the international insolvency architecture’, looking particularly at the context of the South Asian states of India, Bangladesh and Pakistan. It will question whether its adoption will improve the ability of these jurisdictions to handle the challenges of cross‐border insolvencies, especially in light of their existing legal landscape, their market policy objectives and the existing alternatives available to the Model Law. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd.
    October 17, 2016   doi: 10.1002/iir.1262   open full text
  • The Crisis of Companies from an Italian Perspective: Reorganization and Fresh Money.
    Francesco Accettella.
    International Insolvency Review. October 17, 2016
    Today, the role of fresh money in the reorganization of companies is a central matter in the Italian crisis law. The analysis comes from the recent reforms of the Italian Bankruptcy Law, aimed at revitalizing the pre‐insolvency procedures for overcoming the crisis of companies. These reforms draw inspiration from Chapter 11 of the U.S. Bankruptcy Code. In particular, three new rules have been introduced in the Italian Bankruptcy Law in order to facilitate the obtaining of credit by companies in crisis. These rules recognize priority in reimbursement for claims related to financing. Their target is to incentivize those (not only banks) who want to grant new finance to enterprises in crisis. The target is so important for the legislator that the rules permit the discrimination of companies' creditors on the basis of a judicial valuation of the conditions required for priority by the law in specific cases. The traditional and important principle of equal treatment of unsecured creditors is even more neglected. But the specific meaning of the rules and their inclusion in a sort of company crisis law in time of crisis induce to confine the forms of credit to which the rules refer to and to limit the space for extensive interpretations or applications by analogy. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd.
    October 17, 2016   doi: 10.1002/iir.1260   open full text
  • The UNCITRAL Model Law on Cross‐border Insolvency and the Rule of Law.
    Felicity Deane, Rosalind Mason.
    International Insolvency Review. June 16, 2016
    The rule of law is a concept that was often considered in the context of national legal systems. However, it is now commonly being promoted as significant in the transnational context. This paper addresses its importance within the transnational economic and commercial context, in particular in response to cross‐border insolvencies. It examines how the UNCITRAL Model Law on Cross‐border Insolvency and its Guide to Enactment and Interpretation promote key tenets of the rule of law in transnational disputes arising out of businesses in financial distress. In particular, some examples are provided of cases from the Asia‐Pacific region in which the Model Law has been applied to demonstrate how the rule of law may be promoted in an insolvency context. Finally, the paper concludes that the adoption of the UNCITRAL Model Law on Cross‐border Insolvency promotes transparency, accountability and predictability, which in turn support stability in financial systems and credit relationships and thus trade within a global market. This is a direct result of adherence to elements of the rule of law principle. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd
    June 16, 2016   doi: 10.1002/iir.1252   open full text
  • ‘Pre‐Pack Administration Sale: a Case of Sub Rosa Debt Restructuring’.
    Anthony Wijaya.
    International Insolvency Review. March 15, 2016
    Under the UK insolvency regime, debt restructuring is ordinarily achievable via a voluntary arrangement, a scheme of arrangement (“scheme”) or a combination of a scheme with administration. However, recently, there has been a growing development of companies using pre‐pack administration sale (“pre‐pack sale”) to effect a debt restructuring under the moniker of a sale of the assets of the company. This article argues that this development poses a genuine danger for the creditors and in particular the junior creditors because such transactions side‐step the protections afforded to the junior creditors in a debt restructuring, particularly a scheme. This article posits that such pre‐pack sales are essentially a sub rosa debt restructuring. Against this backdrop, this article proposes for the use of an ex ante judicial regulatory strategy through the application of the Re Tea Corporation principle to better protect the interest of the junior creditors. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd
    March 15, 2016   doi: 10.1002/iir.1248   open full text
  • Comparative Analysis of the Informal Pre‐Insolvency Procedures of the UK and France.
    Alexandra Kastrinou.
    International Insolvency Review. January 29, 2016
    The aim of this paper is to provide a brief overview of the informal pre‐insolvency proceedings available in the UK and France. In addition, the aim is to provide a comparative analysis of the approach taken towards corporate rescue at this early stage by the ‘key players’ in insolvency. In particular, emphasis will be placed on the role of insolvency practitioners and creditors as well as the involvement of the courts in pre‐insolvency restructurings. Finally, the paper considers the effectiveness of the pre‐insolvency mechanisms available in the two jurisdictions and assesses whether or not these promote and encourage a corporate rescue culture. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd
    January 29, 2016   doi: 10.1002/iir.1247   open full text
  • Is the Unequal Treatment of Debtors in Natural Person Insolvency Law Justifiable?: A South African Exposition.
    Hermie Coetzee.
    International Insolvency Review. January 18, 2016
    The South African natural person insolvency system has remained largely creditor‐orientated and excludes many honest but unfortunate debtors from its ambit. This is despite the worldwide trend to accommodate all such debtors. Although the system does provide for three different statutory natural person debt relief procedures, the cumulative effect of these measures' entry requirements results in differentiation on financial grounds. This is as all statutory measures require the debtor to have some form of disposable assets or income available – thereby drawing a distinction between those debtors with and those without assets and or income (the so‐called no income no asset debtors). The main aim of this article is to measure the South African natural person insolvency system against the right to equality in terms of both the South African Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act. The article may benefit legislatures and policymakers in constitutional jurisdictions that subscribe to the equality principle and that directly or indirectly exclude some debtors from debt relief while providing others therewith. Copyright © 2016 INSOL International and John Wiley & Sons, Ltd.
    January 18, 2016   doi: 10.1002/iir.1244   open full text
  • Various Aspects to Consider with Regard to Special Insolvency Rules for Small and Medium‐Sized Enterprises in South Africa.
    André Boraine, Jani Wyk.
    International Insolvency Review. December 23, 2015
    There is no abstract available for this paper.
    December 23, 2015   doi: 10.1002/iir.1243   open full text
  • Studies in Convergence? Post‐Crisis Effects on Corporate Rescue and the Influence of Social Policy: The EU and the USA.
    Jennifer L. L. Gant.
    International Insolvency Review. December 23, 2015
    The financial crisis and the sovereign debt crisis that it precipitated in a number of peripheral EU Member States heralded massive changes in insolvency, corporate rescue and employment protection policies. The US and the EU both suffered greatly in the wake of the crisis, but their recoveries have occurred along very different tracks. The US has managed to regain much of its position in terms of relative growth and the UK has outpaced the recoveries of those European countries that are members of the European Monetary Union. The purpose of this treatise is to explore the context of the 2007–2008 financial crisis in the US and in the EU and its impact on legal reform in corporate rescue and restructuring as well as those aspects of social policy implicated within insolvency systems (notably collective redundancy and transfers of undertakings). It will also consider whether or not the corporate rescue and employee protection systems can be seen to be converging, and whether, in view of the different socio‐economic, political and cultural aspects of the US and the EU, such convergence might be beneficial. Copyright © 2015 INSOL International and John Wiley & Sons, Ltd.
    December 23, 2015   doi: 10.1002/iir.1246   open full text
  • The Costs and Benefits of Regulating the Market for Corporate Insolvency Practitioner Remuneration.
    Jennifer Dickfos.
    International Insolvency Review. July 15, 2015
    The release by the Australian Treasury on Friday, 7 November 2014 of the Insolvency Law Reform Bill (ILRB) 2014 throws the spotlight once again on corporate insolvency law reform in Australia. Significantly, the ILRB 2014 identifies amongst its purposes two objectives with respect to Corporate Insolvency Practitioner (CIP) remuneration reform. Namely, to promote market competition on price and quality and improve the overall confidence in the professionalism and competence of insolvency practitioners. This paper considers whether the proposed CIP remuneration reforms outlined in the ILRB 2014 will effectively achieve these objectives. Where it is considered that reforms are misdirected, further changes, informed by UK insolvency reform proposals, are considered.
    July 15, 2015   doi: 10.1002/iir.1239   open full text
  • Recognition of Debt Restructuring and Resolution Measures under the European Union Regulatory Framework.
    Tomas Arons.
    International Insolvency Review. March 05, 2014
    Under the proposed Bank Recovery and Resolution Directive (BRRD), member states will be required to provide for bail‐in powers to restructure failing financial institutions. At this moment, the Dutch, French, UK and German legislator already provide public authorities with resolution powers. In order to be effective in debt restructuring of failing (non‐)financial institutions, the measures taken by the resolution authorities need to be enforceable (before all courts) and effective in the entire European Union. Given the fact that not all the firm's debt is issued in the home jurisdiction, the question of recognition is critically important. In regard of non‐financial firms, the Dutch, UK, French and German jurisdictions provide for court proceedings to impose a collective settlement reached by the debtor and the majority of its creditors binding on the opposing minority. Out‐of‐insolvency plans approved by the court are recognised under the Brussels I Regulation. If the EU Insolvency Regulation reform proposal is adopted, these court‐approved debt restructuring plans in insolvency situations will be subject to the recognition regime of this regulation. Credit institutions, insurance undertakings, investment undertakings holding funds or securities for third parties and collective investment undertakings are excluded from the scope of the Insolvency Regulation whereas the scope of application of the Reorganisation and Winding Up Directive is limited to credit institutions. The regime under the future BRRD and the Single Resolution Mechanism is limited to credit institutions. National (private international) law determines the recognition of resolution measures taken by the authorities of another member state. Copyright © 2014 INSOL International and John Wiley & Sons, Ltd
    March 05, 2014   doi: 10.1002/iir.1220   open full text
  • Assessing the Assessments.
    Ron Harmer.
    International Insolvency Review. February 25, 2014
    They said of the July 1997 Asian regional financial crisis that ‘…it could never happen again’. They were right. There has not been another regional crisis—just an international one! This paper owes its origins to the Asian financial crisis. The crisis sparked the development of an assessment model for the evaluation of insolvency laws. The paper reviews the considerable developments in this area, commencing with the pioneering work of the Asian Development Bank in the aftermath of the Asian financial crisis in 1997 and culminating in the, now, quite established triennial practice of the European Bank for Reconstruction and Development (EBRD) in its assessment of the insolvency laws of its ‘countries of operation’. Along the way, mention is also made of the development and application of the World Bank ‘Principles’ and the United Nations Commission on International Trade Law Legislative Guide for Insolvency Law. All of these diagnostic tools have been variously employed in an endeavour to provide a fair and acceptable basis for evaluating an insolvency law. The paper draws comparisons from these tools and concludes that there is a considerable degree of correlation between them, such that approaches taken in 1998 have remained much the same to this time. The EBRD assessment programme is singled out for fuller analysis. It was developed with the benefit of the earlier assessment models and is consistently used as a means of tracking the development of insolvency laws. Accordingly, the paper presents the survey questionnaire on which the EBRD assessment is based, explains the methodology behind it and presents the results of the last of such assessments (2009). It invites an examination of the bases on which the EBRD assessments are undertaken and whether the approach is sufficiently broad, objective and fair and its use in possibly creating aspirations for reform. One purpose of the paper is to capture and record the historical origins and development of the assessment models before it all becomes lost in the passage of time. The paper also advances the use of the EBRD assessment model as a teaching tool in courses in comparative and international insolvency law. Copyright © 2014 INSOL International and John Wiley & Sons, Ltd
    February 25, 2014   doi: 10.1002/iir.1218   open full text
  • The Extra‐Territoriality of the Statutory Stay in an English Administration.
    Hamish Anderson.
    International Insolvency Review. February 25, 2014
    This article considers the extra‐territorial scope of the stay imposed in an English administration and argues that it should be treated by the English courts as applying without territorial limitation but that the courts should nonetheless grant leave to proceed in other jurisdictions in any case where there is no sufficient connection with England. It argues that this solution would be right in principle and that the court is not constrained from adopting such an approach by precedent. Copyright © 2014 INSOL International and John Wiley & Sons, Ltd
    February 25, 2014   doi: 10.1002/iir.1217   open full text
  • Cross‐Border Debt Adjustment – Open Questions in European Insolvency Proceedings.
    Tuula Linna.
    International Insolvency Review. December 06, 2013
    At present, 18 European Union member states have some form of legislation on adjustment of the debts of a private individual. Only half of these debt adjustment proceedings are mentioned in Annex A of the European Insolvency Regulation (EIR) and therefore fall within the scope of it. As most of the debt adjustment proceedings are not included in the scope of the Brussels I Regulation, there is a regulatory gap in the European insolvency proceedings with unpleasant impacts on the free movement of labour. Fortunately, changes are coming, in the form of the EIR reform. In order to bring debt adjustment within the scope of the EIR, the Commission proposes to loosen the prerequisite concerning the legal effects, which the opening of the proceedings has on the debtor. Regarding the jurisdiction to open main proceedings, the Commission proposes that COMI (the debtor's centre of main interests) would be the place of habitual residence. The open question is, whether residency requires a certain continuity or stability. This issue is discussed in the paper taking into account recent Court of Justice of the European Union case law. The challenge of the EIR reform is that only provisions on scope and jurisdiction have been modified as to debt adjustment. One may ask, e.g. when the prerequisites concerning the opening of secondary proceedings are fulfilled if the debtor is a private individual. Copyright © 2013 INSOL International and John Wiley & Sons, Ltd
    December 06, 2013   doi: 10.1002/iir.1216   open full text
  • On the Efficiency of Bankruptcy Law: Empirical Evidence in Spain.
    María‐del‐Mar Camacho‐Miñano, David Pascual‐Ezama, Elena Urquía‐Grande.
    International Insolvency Review. July 24, 2013
    The current economic crisis is showing one of the main problems that many companies in financial distress have to face, namely, the impact of bankruptcy law in relation to companies and firms. This paper aims to analyze the bankruptcy law ex‐ante efficiency when companies are in financial distress. To test it out, two research questions are submitted: (i) Is solvency, the criterion used in the Spanish law, the best one to assess the relative significance of the main indicators, which determine bankrupt firms? (ii) Is the Spanish bankruptcy law efficient according to solvency or are there better criteria? To answer them, a logistic regression model is conducted. The sample embraces 1,387 firms in Spain, the data being obtained from 12 Commercial Justice Courts complemented with financial information. The main conclusion is that the solvency criterion is adequate to classify bankrupt companies although currently Spanish Bankruptcy law is not as efficient as it could be. Additionally, the relevant companies' indicators, which explain the financial distress procedure, are presented. Copyright © 2013 INSOL International and John Wiley & Sons, Ltd
    July 24, 2013   doi: 10.1002/iir.1210   open full text
  • Consumer Debt Relief in South Africa—Should the Insolvency System Provide for NINA Debtors? Lessons from New Zealand.
    Hermie Coetzee, Melanie Roestoff.
    International Insolvency Review. July 24, 2013
    South African natural person insolvency law has remained largely creditor‐orientated despite the international trend to assist over‐indebted debtors. Furthermore, although the South African system provides for a number of debt relief procedures, the entry requirements are of such a nature that most debtors are effectively excluded from any form of relief and therefore bound to their desperate situations. The majority of these excluded debtors fall within the no income and no assets (the so‐called No Income No Asset (NINA) debtors) category‐the main feature of this article. In the South African insolvency system, a person can therefore be ‘too poor to go bankrupt’. With reference to international principles and a thorough comparative study of the New Zealand system, the South African system is analysed, and some recommendations are made in order to provide a more accessible, effective and nondiscriminate system with specific focus on the plight of the NINA debtor. This is done by keeping the complex South African debt and poverty situation in mind as it is acknowledged that any reform should take cognisance of the unique socio‐economic and cultural background. It is recognised that providing relief to the NINA category debtors will have an impact on the economy. However, it is submitted that the exclusion of this group will be even more expensive as it creates an obstacle for these debtors to enter the formal sector and economy, thereby discouraging broader economic growth. Copyright © 2013 INSOL International and John Wiley & Sons, Ltd.
    July 24, 2013   doi: 10.1002/iir.1211   open full text
  • Question the Unquestionable Beauty of A Collective Proceeding for All Sovereign Debt Claims.
    Yanying Li.
    International Insolvency Review. July 04, 2013
    The new challenges presented by the current Eurozone crisis and the NML Capital v. Argentina case are likely to shift the international community's attention from holdout behavior in foreign bonds restructuring to inter‐creditor issues. In the past years, many academics, and nongovernmental organizations concerned with debt relief, have put forward proposals to create a bankruptcy regime for states. But none of these proposals has seriously examined what rules should apply to treatment among creditors. Moreover, all insist that there must be a collective proceeding for all sovereign debt claims, without explaining why. This approach is simply taken for granted, as it is one of the fundamental principles of bankruptcy law. The article questions this orthodoxy through examining the nature of sovereign debt crisis, the feature of the limited pool of sovereign assets, and the nonliquidable fact of the sovereign debtor. It also argues that the common pool problem does not exist in the sovereign debt context.
    July 04, 2013   doi: 10.1002/iir.1208   open full text
  • Reconsidering the Shareholder's Role in Corporate Reorganisations under Insolvency Law.
    Stephan Madaus.
    International Insolvency Review. June 18, 2013
    A corporate reorganisation under insolvency law is commonly achieved by virtue of a reorganisation plan that provides for the distribution and sacrifice of value among all stakeholders in an insolvent company. Although the creditors' right to vote on such plans and to participate in the wealth distribution according to such plans is universally accepted, the role of old equity in a corporate reorganisation remains a topic that jurisdictions all over the world define very differently. This article first explores possible approaches to shareholders' treatment under insolvency law and supports their inclusion in insolvency proceedings that pursue corporate reorganisations. It then argues that equity interest should not solely be treated according to its economic value and consequently that no absolute priority rule should be applied against them as such treatment would ignore the fundamental difference between liquidation and reorganisation. Finally, it proposes a new cram‐down rule for a class of equity holders. Copyright © 2013 INSOL International and John Wiley & Sons, Ltd.
    June 18, 2013   doi: 10.1002/iir.1209   open full text
  • Groups of Companies in Insolvency: A German Perspective.
    Klaus Siemon, Frank Frind.
    International Insolvency Review. April 19, 2013
    Based on an analysis concerning the disadvantages of the previous understanding of handling groups of companies by means of consolidation of jurisdiction, the following article illustrates the basic idea of group‐specialized proceedings (konzernspezifisches Sachwalterverfahren), avoiding ‘domino effects’ and thereby unnecessary insolvencies of profitable subsidiaries and preserving the assets of these parts of the group to a greater extent than an insolvency situation can. Copyright © 2013 INSOL International and John Wiley & Sons, Ltd
    April 19, 2013   doi: 10.1002/iir.1207   open full text