This looks at the jurisdiction of the English court to commence insolvency proceedings:
- Liquidation (primary and ancillary)
- Company voluntary arrangement
- Scheme of arrangement
All the applicable cross-border regimes have been considered to not only show what the law is, but also how to evaluate the different rules.
Recognition and enforcement
This deals with the recognition and enforcement by the English court of:
- Foreign liquidation
- Foreign reorganisation proceedings
- Foreign receivership
- Foreign insolvency judgments, e.g. a foreign judgment ordering the defendant to return property on the basis of violation of foreign fraudulent conveyance law
All the applicable cross-border regimes have been covered in order to facilitate a comparative and evaluative analysis to the reader.
Enforcement relied and choice of law
This covers reliefs that may be obtained from the English court following the recognition of foreign insolvency proceedings. Choice of law issues will be considered fully. As this area of the law is most undeveloped, this part is organised according to the typical relief sought in cross-border cases, including:
- Discharge of debt
- Avoidance of antecedent transactions
All the cross-border regimes have been compared and contrasted in order to state the current position and to offer recommendations going forward.
This covers insolvency, policy considerations which have a direct impact on cross-border rules.