The aim of the thesis is to survey the existing state of English cross-border insolvency laws. Cross-border insolvencies present their own particular set of problems. They necessarily involve the laws of two or often more jurisdictions and therefore the insolvency is complicated by the fact that there is more than one set of proceedings. This duplication of effort leads to a rise in costs. In order to consider how best to alleviate these difficulties, an examination of the parts of the Insolvency Act 1986 applicable to foreign companies is necessary, in particular sections 221 and 225 which deal with winding up. There is also a consideration of the application of administration orders to foreign companies. By the very nature of this area of law it is necessary to analyse the rules of private international law in order to evaluate whether recognition will be granted to foreign liquidations and liquidators under English law. It is also important to note the potential impact of conventions on cross-border insolvencies. Therefore there is a consideration, in particular of the European Convention on Insolvency Proceedings and the UNCITRAL Model Law. A comparative approach to insolvency has been taken in chapter six, looking at ways in which other jurisdictions deal with these problems and then examining whether it is possible to adapt English laws along similar lines. The final chapter takes an overview of the current state of affairs and draws conclusions as to the best way forward in order to ensure that there is more coordination and co-operation in the future.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:488292 |
| Date | January 1999 |
| Creators | Dawson, Katherine M. J. |
| Publisher | University of Manchester |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
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