Results 41 to 50 of about 318 (133)

The place of micro and small Enterprises in European Insolvency law

International Insolvency Review, Volume 34, Issue 3, Page 685-712, Winter 2025.
Abstract Micro 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.
Oleksiy Kononov
wiley   +1 more source

A developing country's perspective: Reforming insolvency laws to encourage their usage

International Insolvency Review, Volume 34, Issue 3, Page 517-545, Winter 2025.
Abstract Opportunities 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.
Phoebe Gatoto
wiley   +1 more source

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

International Insolvency Review, Volume 34, Issue 3, Page 793-821, Winter 2025.
Abstract 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‐laws scenarios, as evidenced by the contrasting outcome in the Hanjin Shipping case.
WooJung Jon
wiley   +1 more source

TRATAMENTO LEGAL DO PLANO DE RECUPERAÇÃO EXTRAJUDICIAL BRASILERO NA HIPÓTESE DE INSOLVÊNCIA TRANSNACIONAL - DOI: 10.12818/P.0304-2340.2024v84p351

Revista da Faculdade de Direito da Universidade Federal de Minas Gerais
Com a promulgação da Lei 14.112/2020, o Brasil adotou, com poucas alterações, a Lei Modelo da UNCITRAL sobre Insolvência Transfronteiriça. Este artigo analisa os requisitos legais para o reconhecimento de processos estrangeiros e se o plano de ...
Sabrina Maria Fadel Becue
doaj   +1 more source

China's instrumentalist greenisation of the new‐generation IIAs

Review of European, Comparative &International Environmental Law, Volume 34, Issue 2, Page 550-565, July 2025.
Abstract In the context of the global trend of greening international investment agreements (IIAs) after Rio+20, China is taking a more active role in greening its IIAs than before, albeit with inconsistent patterns. This article analyses the driving factors for its change after Rio+20 and argues that China's IIA greenisation is instrumentalist at ...
Shixue Hu
wiley   +1 more source

The 28th insolvency law: Reflections on a lex concursus europaea

International Insolvency Review, Volume 34, Issue 2, Page 428-447, Summer 2025.
Abstract More than ever before the global situation and Europe's position in it let it appear advisable to speed up harmonsation processes. The present authors present a plea for a EU Regulation which offers a complete insolvency law as an option that can be chosen by certain European companies from a certain size on.
Francisco Garcimartin, Christoph Paulus
wiley   +1 more source

Against the veto solution in cross‐border avoidance law

International Insolvency Review, Volume 34, Issue 2, Page 364-389, Summer 2025.
Abstract UNCITRAL is striving to determine the law applicable to cross‐border insolvency avoidances. In principle, this should be the lex fori concursus. However, both Regulation (EU) 2015/848 and the laws of some European countries adopt a combination of lex fori concursus and lex causae called the ‘veto solution’.
Renato Mangano
wiley   +1 more source

Insolvency assistance outside the Model Law: Section 426 of the UK Insolvency Act 1986

International Insolvency Review, Volume 34, Issue 1, Page 31-47, Spring 2025.
Abstract This article critically examines s426 Insolvency Act 1986 and its position in the UK’s Cross Border insolvency firmament. It traces the origins of s426 to a recommendation of the 1982 Cork Committee and notes that it replaced s122 Bankruptcy Act 1914 while giving the substantive provisions a more contemporary feel and modern gloss. The article
Gerard McCormack
wiley   +1 more source

Arbitration in cross‐border insolvency proceedings: The Chinese perspective

International Insolvency Review, Volume 34, Issue 1, Page 77-102, Spring 2025.
Abstract The approach to recognition and assistance in cross‐border insolvency proceedings in China has tended to be restrictive. In contrast, the approach of Chinese courts to foreign arbitrations has been different. Arbitration has been the favoured means of dispute resolution in China's efforts to participate in world trade and the global economy ...
Yingxiang Long, Rebecca Parry
wiley   +1 more source

Do the SALINI Criteria apply to the Definition of an Investment provided in Annex 1 of the 2006 and 2016 SADC Protocol on Finance and Investment? An Assessment

Potchefstroom Electronic Law Journal, 2020
An investment is the subject matter of an investor-state dispute. Therefore there can be no such dispute if there is no investment to which the dispute relates.
Lawrence Ngobeni
doaj   +1 more source