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Committees of the International Insolvency Institute
Committee on Cross-Border Communications in Insolvency Cases
Co-Chairs
Nicholas A. Segal, Allen & Overy, London, England
Gabriel Moss, Q.C., 3-4 South Square Chambers, London, England
Vice-Chair
Victor Vilaplana, Seltzer Caplan McMahon, San Diego, U.S.A.
Committee Members
Dr. Eberhard Braun, Achern
Michael A. Fitch, Vancouver, Canada
Ben B. Floyd, Houston, U.S.A.
Daniel M. Glosband, Goodwin Proctor, Boston, U.S.A.
Hideyuki Sakai, Tokyo, Japan
Judicial Members
Hon. Sidney B. Brooks, U.S. Bankruptcy Court, Denver, U.S.A.
Hon. Charles G. Case II, U.S. Bankruptcy Court, Phoenix, U.S.A.
Mr. Justice J.M. Farley, Ontario Superior Court of Justice, Toronto, Canada
Hon. Allan L. Gropper, U.S. Bankruptcy Court, New York, U.S.A.
Mr. Justice Torgny Hastad, Supreme Court of Sweden, Sweden
Chief Justice Burton R. Lifland, U.S. Bankruptcy Court, New York, U.S.A.
Madam Justice Marina S. Paperny, Alberta Court of Appeal, Calgary, Canada
Mr. Justice Adolfo A.N. Rouillon, Court of Appeal, Rosario, Argentina
Hon. Shinjiro Takagi, Tokiwa Sogo Law Offices, Tokyo, Japan
Mr. Justice Heinz Vallender, Cologne, Germany
Mr. Justice Wisit Wisitsora-At, Ministry of Justice, Bangkok, Thailand
Mr. Justice Jean-Luc Vallens, Strasbourg, France
Mr. Justice Vasily V. Vitryanski, Supreme Arbitrage Court, Moscow, Russia
Mr. Justice Ralph H. Zulman, Supreme Court of Appeal, Johannesburg, South Africa
Mandate and Activities:
The work of the Committee on Cross-Border Communications has been to review and consider the Guidelines for Court-to-Court Communications in Cross-Border Cases and other means of facilitating cross-border communications in insolvencies and to discuss with the Courts in each of our major jurisdictions the appropriateness of the Guidelines and the feasibility of using the Guidelines in those jurisdictions. Its goal is to have the Guidelines approved by the appropriate judicial and professional organizations in all of our member countries and to have the Guidelines applied in actual cross-border cases. The Committee presented the Guidelines to the Institute’s 2nd Annual International Insolvency Conference in New York in June, 2002 and they were unanimously approved by the Institute’s Membership. The Committee has supervised the translations of the Guidelines into six languages to date and additional translations are in progress courtesy of Institute Members in the countries involved.
Committee Materials
Annual Report
Guidelines for Court-to-Court Communications in Cross Border Cases
An account of the first-ever formal cross-border communication in a case between the United States and England reported by one of the counsel involved in the case
By Susan Moore
January, 2004
Commercial Enforcement and Insolvency Systems
By III Toronto Member Justice James M. Farley
(Presented at the World Bank Global Judges Forum at Pepperdine University, Malibu, California, May 19-23, 2003)
International Judicial Negotiation
By III Texas member Jay Westbrook
(Published in the Texas International Law Journal: Reprinted with
permission.)
2003
Re Lernout and Hauspie (United States Third Circuit Court of Appeals: November 2002).
(The Court of Appeals for the Third Circuit strongly recommends international cooperation and communication between courts in cross-border cases.)
Co-ordinating Cross-Border Insolvency Cases
Presented by E. Bruce Leonard, Esq., Cassels Brock & Blackwell LLP to the III International Insolvency Institute on International Insolvency in the New Millennium.
New York, New York
June, 2001
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