Studies how the UNCITRAL Model Law on Cross-Border Insolvency has been introduced in Australia, Canada, New Zealand, the UK, and the USA, and the variations made by each state in enacting legislation

Compares how the courts have interpreted the UNCITRAL Model Law on an article-by-article basis

Considers possible reasons for inconsistencies in the interpretation of the provisions of the Model Law

Autorentext

Neil Hannan is a partner at Thomson Geer in Melbourne, Australia, whose area of practice is insolvency, specifically cross-border insolvencies. His experience includes commercial litigation, banking and finance, insurance, insolvency, directors' and officers' claims, and claims under the Competition and Consumer Act and the Corporations Act. He regularly appears in the Supreme and Federal Courts and on behalf of clients, including leading financial institutions, accountants, and corporate entities operating in both local and international markets.

Inhalt
Chapter 1: Introduction.- Chapter 2: Development of the Model Law.- Chapter 3: Manner of Introduction of the Model Law.- Chapter 4: How does the Model Law affect existing principles of recognition?.- Chapter 5: Comparative Analysis of the Enactment and Interpretation of the Preamble and Chapter I of the Model Law on Cross-Border Insolvency - General Provisions.- Chapter 6: Comparative Analysis of the Enactment and Interpretation of the Chapter II of the Model Law on Cross-Border Insolvency - Access of Foreign Representatives and Creditors to Courts in this State.- Chapter 7: Comparative Analysis of the Enactment and Interpretation of Chapter III of the Model Law on Cross-Border Insolvency Recognition of Foreign Proceeding and Relief.- Chapter 8: Comparative Analysis of the Enactment and Interpretation of Chapter IV of the Model Law on Cross-Border Insolvency Cooperation with Foreign Courts and Foreign Representatives.- Chapter 9: Comparative Analysis of the Enactment and Interpretation of Chapter V of the Model Law on Cross-Border Insolvency - Concurrent Proceedings.- Chapter 10: Conflict of Laws.- Chapter 11: Centre of Main Interest and Establishment.- Chapter 12: Applicability of Rules of Private International Law.- Chapter 13: Interrelationship between the Model Law and the EC Regulation.- Chapter 14: Current Proposals which may affect the Model Law.- Chapter 15: Conclusions.