This course provides an advanced understanding of international insolvency law, that is, the legal rules and principles that apply where an insolvent company has assets or enterprise groups in more than one country. The application of these legal rules and principles are analysed by reference to various case studies drawn from different countries and regions. The course also considers recent regional transnational insolvency rules and efforts at international regulation such as the UNCITRAL Model Law and European Union Regulation 1346/2000.
Not currently offered.
On successful completion of the course students will be able to:
1. Demonstrate advanced understanding and specialised knowledge of the legal rules, principles and institutions that regulate international insolvency.
2. Demonstrate advanced knowledge of the theories and policies underlying the legal rules, principles and institutions that regulate international insolvency.
3. Apply specialised knowledge of key international agreements in the field of international insolvency including the UNCITRAL Model Law on Cross Border Insolvency.
4. Critically analyse and evaluate key policy debates surrounding the impact of legal rules and principles regarding cross-border insolvency.
The topics in this course include the following:
- Introduction to insolvency law
- The causes of insolvency
- Comparative analysis of international systems of insolvency.
- Proceedings from an international perspective: modified universalism versus territoriality.
- The Model Law on Cross-Border Insolvency
- The role and position of trustee/administrator in cross-border insolvencies
- Judicial responses to application of the Model Law on Cross-border insolvency
- Financial Institutions and Insurance
- The importance and role of centre of main interests
- Director"s liabilities and cross-border insolvency
This course is only available to students enrolled in the Masters of Laws program.
There is no assumed knowledge for this course.
Case Study / Problem Based Learning: Problem based written assignment
Essay: Research Essay