Results 41 to 50 of about 302 (202)
Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore [PDF]
Potchefstroom Electronic Law Journal, 2008 Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article to outline the law in relation to
PJ Omar
doaj
Holding out on restructuring negotiations: A legal analysis over Finnish and Swedish legislation
International Insolvency Review, EarlyView.Abstract This 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,
Anssi Kärki
wiley +1 more source
Yuridika, 2015 Currently cross-border insolvency is not a new thing since free trade requires loan agreement with foreign parties. The issues with debtor's assets confiscation in other countries are the recognition and implementation of the domestic’s court decision in
Loura Hardjaloka
doaj +1 more source
International Insolvency Review, EarlyView.Abstract This 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
Eugenio Vaccari, Migmar Lham
wiley +1 more source
UNCITRAL Model Law on Cross-border insolvency: background, purpose and the scope of application
RUDN Journal of Law, 2008 The present article is dedicated to UNCITRAL Model Law on cross-border insolvency, the basic stages of its preparation and scope of application. The provisions of Model Law, concerning coordination of parallel proceedings within the case of cross-border ...
N V Kalinina
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Ar egzistuoja palankesnės teisės ieškojimo galimybės bankroto bylose?
Teisė, 2010 Tarptautinio bankroto bylų jurisdikcijos klausimus Europos Sąjungos lygiu reguliuoja 2000 m. gegužės 29 d. Tarybos reglamentas (EB) Nr. 1346/2000 dėl bankroto bylų.
Laura Kirilevičiūtė
doaj +1 more source
Subordination of related party claims in insolvency: A suggestive framework for Asian regimes
International Insolvency Review, EarlyView.Abstract Related party loans, due to their inherent nature, warrant a higher threshold for scrutiny when compared to loans extended by unrelated parties. Why were these monies advanced as loans, carrying higher priority in insolvency, rather than being invested as share capital?
Aditya Jain, Dhanya Jha, Rebecca Parry
wiley +1 more source
Green swans and blue skies: Climate change and insolvency risk for financial institutions
International Insolvency Review, EarlyView.Abstract This lecture in honour of the late Gabriel Moss QC and Ian Fletcher QC examines the challenge of climate‐related financial risk. Prudential regulators and central banks recognize that the systemic nature of climate‐related financial risk makes it an emerging vulnerability relevant to cross‐border insolvency resolution.
Janis Sarra
wiley +1 more source
AI‐Driven Risk Governance for SMEs: From Predictive Analytics to Strategic Competitiveness
Strategic Change, EarlyView.ABSTRACT Small and medium‐sized enterprises (SMEs) remain highly exposed to financial distress due to limited resources, volatile markets, and governance constraints. Traditional risk management often lacks a strategic and anticipatory orientation, highlighting the need for risk governance frameworks that integrate forecasting and adaptability.
Davide Liberato lo Conte +3 more
wiley +1 more source
PROPOSAL FOR A DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL HARMONISING CERTAIN ASPECTS OF INSOLVENCY LAW - INTRODUCTORY ASPECTS [PDF]
Challenges of the Knowledge SocietyInsolvency is an area inextricably linked to the evolution of investment, capital markets and the single market, the convergence of insolvency regimes at Member State level being a major concern of the European legislator.
Vasile NEMEȘ, Gabriela FIERBINȚEANU
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