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Current issues of the institution of cross-border insolvency in private international law

Integrare prin cercetare și inovare. Științe juridice și economice
In the current modern context, the legal regulation of cross-border insolvency issues in the field of private international law becomes particularly important considering the complicated economic situation and foreign policy worldwide. In such conditions,
Cristina Bancu
semanticscholar   +1 more source

Exploring the Cross-Border Insolvency Laws: A Comparative Study of India and International Perspectives

PRAWO i WIĘŹ
Cross-border insolvency involves complex legal challenges that arise when a debtor's assets and liabilities span multiple jurisdictions. The lack of a comprehensive law to deal with such beyond-borders disputes in insolvency can have an undesirable ...
Madhusmita Ronghangpi, Naveen Kumar
semanticscholar   +1 more source

The origins of the rule requiring the existence of an international treaty as a prerequisite for the recognition of cross-border insolvency: the perspective of the Republic of Moldova

Studia Universitatis Moldaviae. Seria Stiinte Sociale
This article analyzes the doctrine regarding the origin and evolution of the rule stating that the existence of an international treaty is a prerequisite for the recognition of cross-border insolvency.
Cristina Bancu
semanticscholar   +1 more source

Cross‐border insolvency in the Balkans region

International Insolvency Review
In a constantly evolving world, it is necessary to safeguard trade and investment relations through the establishment of clear rules for cooperation between national courts and practitioners from different jurisdictions on cross‐border insolvency cases ...
Catherine Bridge Zoller   +7 more
semanticscholar   +2 more sources

Cross-border Insolvency

2017
Abstract In the practice of insolvency law, the usual challenge is to work out the answer to a problem as a matter of general law and then to factor in the consequences of one or more of the parties being insolvent. In cross-border insolvency cases, this exercise can be made considerably more complicated by choice of law issues ...
openaire   +2 more sources

Cross-border Insolvencies

2017
Abstract Chapter 5 is concerned with cross-border insolvency.
Sarah Paterson, Rafal Zakrzewski
openaire   +1 more source

Unification and Harmonization of Jurisdiction Criteria for Cross-Border Insolvency Cases in Integration Associations: The Experience of the EU and the EAEU

Arbitrazh-civil procedure
One of the major issues of cross-border insolvency law is a conflicts-of-jurisdiction problem. It is therefore of the utmost importance to develop a system of criteria that would allow for the choice of a jurisdiction where an effective distribution of ...
Vera V. Poyda, M. Tatarinov
semanticscholar   +1 more source

Establishing cross‐border insolvency rules for shipping in Hainan free trade port

International Insolvency Review
The 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.
Zhu Li, Yaqian Zhu
semanticscholar   +1 more source

Ipso facto clauses in cross‐border insolvency: From STX Pan Ocean to Hanjin Shipping and beyond

International Insolvency Review
This 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‐
WooJung Jon
semanticscholar   +1 more source

THE APPLICATION OF CROSS-BORDER INSOLVENCY BANKRUPTCY IN THE EXECUTION OF DEBTOR'S ASSETS IN INDONESIA: A COMPREHENSIVE ANALYSIS

Student Journal of International Law, 2023
Cross-border insolvency is regulated by Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK-PKPU) in Indonesia.
Ani Sairufah, Azhari Yahya
semanticscholar   +1 more source

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