Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
INTERNATIONAL INSOLVENCY LAW (LAWSG150)
Credit value: 15 credits (6 ECTS) |
Module Convenor:
Professor Ian Fletcher |
Other Teachers:
Professor Ron Harmer |
| Intercollegiate teaching: No |
| Teaching Method: 10 x two-hour seminars |
| Who may enrol: LLM students, SIL students |
| Prerequisites: None |
| Barred module combinations: None |
| Core module for specialism: International Commercial Law, Corporate Law |
| Assessment |
| Practice Assessment: to be confirmed |
| Assessment method for LLM students: 2-hour unseen written examination |
| Assessment method for SIL students: 3,000 word coursework essay |
| Module Overview |
Module summary
The module explores the principles which are applied in a case with international dimensions – notably where an insolvent debtor has interests linking it with more than one legal system - to determine which system may exercise jurisdiction in insolvency proceedings concerning the debtor, and which system of law is to be applied substantively to matters arising in the course of the insolvency proceedings. The exploration of international insolvency progresses from the study of the solutions produced at national level, to the development in recent times of international arrangements for dealing with such cases at a regional or global level. The module includes a detailed study of the EU Regulation on Insolvency Proceedings and of the UNCITRAL Model Law on Cross-Border Insolvency |
Module syllabus
Introduction and overview: aims; objectives; principles and theories of international insolvency. Contrasting approaches.
Principles of jurisdiction in international insolvency cases. Winding up of foreign companies by English courts.
Recognition of foreign insolvency proceedings. Judicial control and cooperation at common law and by statute. Anti-suit injunctions in insolvency cases.
The EU Regulation on Insolvency Proceedings: objectives; legal characteristics; scope of application and principal effects. Interpretation by the Court of Justice of the European Union, and by national courts.
The UNCITRAL Model Law on Cross-Border Insolvency: main features; aims and effects. Examples of Model Law enactment by states including the UK, USA and others.
Conclusions and reflections: what has been accomplished and what challenges lie ahead? |
Recommended materials
I.F. Fletcher, Insolvency in Private International Law: National and International Approaches, 2nd Edn, (2005) with Supplement (2007).
Philip R. Wood, Principles of International Insolvency, 2nd Edn. (2007).
Bob Wessels, International Insolvency Law (2006) (new edition pending 2012)
Roy Goode, Principles of Corporate Insolvency Law, 4th Edn. (2011) (Chapters 15, 16).
I.F. Fletcher, The Law of Insolvency, 4th Edn. (2009, Supplement 2011), esp. Part III (Chapters 28-32).
G. Moss, S. Isaacs and I.F. Fletcher, The EC Regulation on Insolvency Proceedings, 2nd Edn. (2009).
Additional reading recommendations and assignments will be issued during the module.
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Preliminary reading
I.F. Fletcher, Insolvency in Private International Law: National and International Approaches, 2nd Edn, (2005) with Supplement (2007): Chapter 1 .
Philip R. Wood, Principles of International Insolvency, 2nd Edn. (2007): Chapters 1-3
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Other information
Although not strictly essential, some prior knowledge of insolvency law (not necessarily that of the United Kingdom) is advisable as a basis for the study of the international dimensions of insolvency. Students also need to be prepared to read and discuss judgments delivered in cases before national courts and also the CJEU, and to study selected legislative texts |
| Prizes for this module: There are currently no prizes available for this module. |
