Results 51 to 60 of about 226 (176)

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

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
doaj  

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

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

A comparative study in the UNCITRAL model law about the independence of the arbitration clause

Ius Humani, 2018
The aim of the paper was to investigate the independence of the arbitration clause from the main contract in the International Commercial Arbitration Law of Iran with a comparative study in the UNCITRAL model law.
Atefeh Darami Zadeh, Shapur Farhangpur
doaj  

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

International arbitration in Greece [PDF]

Strani pravni život
Arbitration in Greece has both a long history, and an exciting present. This paper explores the landscape of arbitration in Greece and its key features.
Roussou Eirini
doaj   +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