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UNICTRAL Model Law on Cross-Border Insolvency
UNCITRAL: Legislative Guide on Insolvency Law
Resolution adopted by the General Assembly
December 2004
UNCITRAL Legislative Guide - Treatment of Financing Insolvency Proceedings
By III Boston Member, Daniel Glosband. Presented at American College of Bankruptcy, International Insolvency Institute, Joint Discussion Panel.
March 2005
Le Guide Legislatif de la CNUDCI sur le droit de l'insolvabilite - vers l'harmonisation du droit de la faillite? (The UNCITRAL Legislative Guidelines - Towards a Harmonization of Insolvency Law?)
By III Strasbourg Member Mr. Justice Jean-Luc Vallens
This article examines the key aspects of the Guidelines including the objectives of the Guidelines, when to apply the Guidelines, criteria for determining the court of competent jurisdiction, the nature of the assets included in the administration, the stay of proceedings, the role of the debtor and creditor during the proceeding and liquidation.
As Published in Recueil Dalloz, 23 Sept 04, pg. 2420
UNICTRAL: Proposal for Project on Commercial Fraud.
July 2003
UNICTRAL: Model Law on Cross-Border Insolvency with Guide to Enactment
United Nations
New York, New York
1999
EU Regulation on Insolvency Proceedings
Adopted by the EU Council on May 29, 2000
(in force on May 31, 2002)
Loi type de la CNUDCI sur l’insolvabilité internationale et Guide pour son incorporation (1999)
Legislation: Enacted and Proposed
Argentina: Proposed Cross Border Insolvency Bill (2002)
Contributed by III Member Mr. Justice Adolfo A.N. Rouillon, Rosario.
July 2002
Japan: Provisional Translation of the Summary of the Bill for the Japanese "Law on Recognition and Assistance of a Foreign Insolvency Proceeding"
By III Member Professor Junichi Matsushita, Gakushuin University, Tokyo
(Contributed by III Member Hiroyuki Kamano, Kamano Sogo Law Offices)
Tokyo, Japan
Mexico: Mexican International Bankruptcy Provisions
Translated by:
Josefina Fernandez McEvoy
Aquire, Sanders & Dempsey
Los Angeles, California
January 2001
Poland: The Insolvency and Restructuring Act of Poland (as of February 28, 2003) Part 1 / Part 2
Contributed by Jenny Clift, UNCITRAL, Vienna
Romania: Law on Regulating Private International Law Relations in the field of Insolvency
Contributed by Jenny Clift, UNCITRAL, Vienna.
Spain: The Spanish Insolvency Act, 2003 (in Spanish)
Contributed by III Barcelona Member Miguel Torres
South Africa: Cross-Border Insolvency Bill:
As amended by the Portfolio Committee on Justice and Constitutional Development (National Assembly)
Minister for Justice and Constitutional Development
Republic of South Africa, 2000
United Kingdom: The United Kingdom’s Insolvency Act 2000 (Extract; Enabling the enactment of the UNCITRAL Model Law: Section 14)
United States: Proposed U.S. Chapter 15: Ancillary and Other Cross-Border Cases (Adopting the text of the UNCITRAL Model Law) (Title VIII of H.R. 975, passed by the United States House of Representatives on March 19, 2003)
Legislative Reform and Analysis
Argentina: Report by Mr. Justice Adolfo Rouillon on the Development of the Cross-Border Insolvency Bill to Enact the UNCITRAL Model Law in Argentina
August, 2003
Australia: Report on Cross-Border Insolvency Reform: Promoting International Cooperation and Coordination (Corporate Law Economic Reform Program Proposals for Reform: Paper No. 8, 2002)
Canada: III Submissions to the Senate of Canada on the Adoption of the UNCITRAL Model Law
Presented by III Chairman and Toronto Member, Bruce Leonard to the Senate of Canada, Banking, Trade and Commerce Committee on Reform Issues Relating to International Aspects of Reorganizations and Insolvencies.
Ottawa, Canada
October, 2003
Japan: The New Japanese Legislation on Cross-Border Insolvency Compared with the UNCITRAL Model Law
By Professor Kazuhiko Yamanoto, Hitotsubashi University, Tokyo
(Contributed by III Member Hiroyuki Kamano, Kamano Sogo Law Offices, Tokyo)
Japan: Report by Professor Junichi Matsushita on the Lack of Reciprocity Requirements in the Japanese Adaptation of the Model Law
August, 2003
Mexico: Report by Josefina Fernandez-McEvoy on the adoption by Mexico of the UNCITRAL Model Law
August, 2003
New Zealand: Cross-Border Insolvency: Should New Zealand Adopt the UNCITRAL Model Law on Cross-Border Insolvency?
By the New Zealand Law Commission
Wellington, New Zealand
February 1999
South Africa: Report by Mr. Justice R.H. Zulman on the adoption by South Africa of the UNCITRAL Model Law
August, 2003
Spain: The Reform of the Spanish Insolvency Law: Proposal No 101-1 of 23 July 2002
By Blanca Manzano Lopez and Juliana Reyes Berón, and delivered by III Member Bob Wessels, Advocaat Holland Van Gijzen
(Presented at the International Insolvency Institute 3rd Annual International Insolvency Conference, Fordham University Law School, New York, June 9-10, 2003)
June 2003
United States: Report by Boston Member Dan Glosband on the pending adaptation of the UNCITRAL Model Law into United States Legislation (with the text of the proposed legislation)
September, 2003
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