This practical book provides complete analysis of the revised EU Regulation on Insolvency Proceedings (EIR), the main Regulation on cross-border insolvencies in the EU. This is an essential work for anyone who requires knowledge of insolvency law in the UK or in any of the other 26 EU countries to which the Regulation is directly applicable.
Timed to take into account the final amended version of the EIR, this third edition of the leading work contains detailed analysis and opinion on the effect of the changes to Regulation in practice. It also considers the numerous ECJ and relevant national cases which have been decided since the last edition.
As in previous editions the work is organized thematically with chapters considering jurisdiction, choice of law rules, enforcement, security, and financial services. Chapter 8 provides an article-by-article commentary of the Regulation itself.
This is the leading work on the subject in English and has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appellate courts of Austria in Re: Stojevic. It is a must-have reference work for lawyers advising on insolvencies with an international element and provides valuable resource in the run up to implementation of the amended Regulation in 2017.
|Publisher:||Oxford University Press|
|Edition description:||3rd ed.|
|Product dimensions:||6.70(w) x 9.80(h) x 1.70(d)|
About the Author
Gabriel Moss QC, Barrister, 3-4 South Square,Ian Fletcher QC, Emeritus Professor of International Commercial Law, University College London,Stuart Isaacs QC, Partner and Barrister, King & Spalding
Gabriel Moss QC is a Barrister at South Square. He sits part-time as a deputy High Court judge of the Chancery Division and is a part-time Visiting Professor in Corporate Insolvency Law at Oxford University.
Professor Ian Fletcher is the Emeritus Professor of International Commercial Law at University College London. He was elected as a Bencher of Lincoln's Inn in 2003, and is an academic member of South Square Barristers' Chambers, Gray's Inn. He was appointed Queen's Counsel (Honoris Causa) in 2013.
Stuart Isaacs QC is a partner in the International Arbitration and Litigation Group of King & Spalding's London office and also has an office in Singapore. Since becoming a Queen's Counsel in 1991, he has been appointed to numerous arbitration tribunals and sits as an accredited mediator.
Table of Contents
1. Historical Overview: The Drafting of the Regulation and its Precursors, Professor Ian Fletcher
2. The Insolvency Regulation as a Community Legal Instrument, Stuart Isaacs QC and Richard Brent
3. Scope and Jurisdiction, Professor Ian Fletcher
4. Choice of Law Rules, Professor Ian Fletcher
5. Recognition and Enforcement, Georgina Peters and Daniel Bayfield
6. The Effect of the Regulation on Cross-Border Security and Quasi-Security, Stuart Isaacs QC, Felicity Toube, Nick Segal, and Jennifer Marshall
7. Regulating Financial Services and Markets in the EU, Matthias Haentjens
8. Commentary on Council Regulation 1346/2000 on Insolvency Proceedings and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on Insolvency Proceedings (Recast), Gabriel Moss QC and Tom Smith
1. Consolidated Council Regulation (EC) No 1346/2000
2. Virgos-Schmit Report on the Convention on Insolvency Proceedings
3. Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on Insolvency Proceedings (Recast)