Chapter 4 BELGIUM. In Belgium, three sets of rules can apply to the recognition and enforcement of foreign insolvency proceedings.

Size: px
Start display at page:

Download "Chapter 4 BELGIUM. In Belgium, three sets of rules can apply to the recognition and enforcement of foreign insolvency proceedings."

Transcription

1 CROSS-BORDER INSOLVENCY Chapter 4 BELGIUM 1. Under general law In Belgium, three sets of rules can apply to the recognition and enforcement of foreign insolvency proceedings. First, on European level, the new European Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings, which entered into force on 31 May 2002, will apply for bankruptcy decisions throughout the European Union, except for the Danish Courts. (See introductory article for details of the EC Regulation). In principle, those decisions will be recognised in Belgium automatically and immediately. Secondly, and of significantly less importance due to the EC Regulation, Belgium is a party to a number of bi - or multilateral treaties, which deal specifically with insolvency proceedings or which contain, among other things, relevant regulations for the recognition or enforcement of those proceedings. Most of the following treaties have also opted for the automatic and immediate recognition of treaty members insolvency decisions. Multilateral treaties: European Convention on Certain International Aspects of Bankruptcy, of the Council of Europe, (referred to as the Istanbul Convention) of 5 June 1990, at present signed by Belgium, Cyprus, France, Germany, Greece, Italy, Luxembourg and Turkey. 63

2 BELGIUM This Convention regulates the effects of international insolvency procedures. The Convention applies to an insolvency procedure started in the Member State of the debtor s centre of main interest (principal insolvency procedure) and allows the trustee of this insolvency to act in the other Member States or for a secondary insolvency procedure to be started. In Belgium, the Convention would not have any effect on the voluntary arrangements procedure ( Gerechtelijk Akkoord Concordat Judiciaire ). The Istanbul Convention will only enter into force if three states ratify the Convention. At present, only Cyprus has ratified the Convention. However, the EC Regulation specifically replaces this Convention as between the Member States of the European Union (except for Denmark); and many of the other Member States of the Council of Europe, which will become Member States of the European Union in the future. The Convention is therefore unlikely to be of practical effect. European Treaty relating to Insolvency Proceedings, Brussels, 23 November 1995, to be signed by the Member States of the European Union. This Treaty deals with the international jurisdiction and conflict of law rules for international insolvency procedures within the European Union. This Treaty is a nonstarter as well, since the United Kingdom never signed it, and the Treaty will only enter into force after signature by all Member States. The EC Regulation, based on Article 65 of the EU Treaty, was introduced to escape the impasse created by this non-functioning Treaty. Bilateral treaties: Convention between Belgium and France on Jurisdiction and the Validity and Enforcement of Judgments, Arbitration Awards and Authentic Instruments, signed at Paris on 8 July 1899; Convention between Belgium and the Netherlands on Territorial Jurisdiction, Bankruptcy and Enforcement of Judgments, Arbitration Awards and Authentic Instruments, with Additional Protocol, signed at Brussels on 28 March 1925; Convention between Belgium and the United Kingdom providing for the Reciprocal Enforcement of Judgments in Civil and Commercial Matters, with Protocol, signed at Brussels on 2 May 1934; applies by extension to New Zealand and Hong Kong (the application of this Convention to insolvency decisions was uncertain, but the EC Regulation specifically replaced this Convention as regards insolvency, so this became an academic discussion); Convention between Belgium and Austria on Bankruptcy, Winding-Up, Arrangements, Compositions and Suspension of Payments, with Additional Protocol of 13 June 1973, signed at Brussels on 16 July These conventions have lost most of their relevance due to other recognition and enforcement treaties and due to the entry into force of the EC Regulation. If none of the above rules applies, the general rule of the Belgian Procedural Code permits recognition to happen automatically, since Belgium adopted the principle of universality, meaning one insolvency procedure with universal effect cross-border, which is normally domiciled in the debtor s usual place of domicile or at its registered seat. 64

3 2. Assisting legislation BELGIUM Belgian Insolvency Law adopted the principle of universality. Consequently, foreign insolvency decisions are recognised in Belgium de plano, without a procedure but on condition of compliance with the five criteria of Procedural Code Article 570. However, this compliance will only be checked when the foreign trustee wishes to enforce a decision or when his mandate is questioned and the trustee needs formal Court recognition. A recognised insolvency decision will have the same consequences and grants the same powers in Belgium as it would have in its own judicial territory. For the enforcement of a foreign insolvency decision, which will only be necessary for so-called acts of forced execution, the full procedure of Procedural Code Article 570 needs to be followed. This involves a request for exequatur, by writ of summons before the Court of First Instance, which will hear all the parties and which will investigate the compliance with the five criteria of Article 570. In addition to the examination of the five criteria, the Court will also review the merits of the case. However, this will be a negative review, meaning that it will be presumed that the foreign court or judge was correct in its decision until proof to the contrary. The five criteria that will have to be fulfilled according to Article 570 are as follows: The foreign decision must not violate Belgian Public Order. Case law interprets Belgian Public Order in the context of Article 570 as Belgian International Public Order, which contains only those specific Public Order rules that might have international relevance (for examples, cfr. infra). The foreign proceedings must have honoured the basic rights of defence. The foreign court or judge must not have been competent for the sole reason of the claimant s nationality. The foreign decision has to be a final ruling, i.e. enforceable according to its own national law. The foreign decision, in its form as presented for recognition, must comply with the formality rules for authenticity of its own national law, i.e. an authentic copy ( uitgifte expédition ). Belgian insolvency law is based on the principles of universality and unity of proceedings (or the idea of one person, one bankruptcy ) originally created by jurisprudence of Belgium s Highest Court, the Cour de Cassation, some 150 years ago. Belgium applies these principles purely and not combined with the principle of territoriality, unlike other jurisdictions. However, in practice, unity has a limited scope as only those countries who apply the same principles will accept and automatically recognise a Belgian insolvency decision, and vice versa. Because of this principle of universality, the laws of other jurisdictions might apply in insolvency proceedings as opposed to Belgian law (lex concursus). For example, in dealing with retention of title claims, the Belgian courts will apply the law of the place where the goods are located (lex rei sitae) or the law that governs the contract that contains the security (lex contractus) or Belgian law, when the creditor, the goods and the contract are in Belgium, whichever is the most strict. 65

4 BELGIUM Insolvency in Belgium is regulated by the Federal Insolvency Act of 8 August In order to declare someone bankrupt, two criteria must be fulfilled: (1) the persistent suspension of payments and (2) the unstable credit of the debtor. According to Belgian Conflict of Law Rule, as with the EC Regulation, the applicable law on insolvency proceedings is the law of the judge or court that declares the bankruptcy. A debtor can commence a Voluntary Arrangement with Creditors under the Federal Act of 17 July The Voluntary Arrangement will be granted when (1) the debtor is temporarily unable to pay his debts or the continuity of the debtor s activity is threatened with problems that might lead to the suspension of payment in the short term; and (2) there is a reasonable chance of straightening out the debtor s finances and achieving an economic recovery of the debtor s activity. Belgian International Public Order might intervene in different ways. Although Belgian law does not demand that foreign insolvency decisions are based on exactly the same criteria, some principles are regarded as non-negotiable including the criteria for bankruptcy or voluntary arrangement. Therefore, for example, an American Chapter 11 will not always be recognised and enforced in Belgium. Only when the debtor in Chapter 11 proceeding fulfils the two criteria of the Belgian Federal Act of 17 July 1997 on voluntary arrangement will that proceeding be recognised and enforceable in Belgium. This has become easier due to the broad criteria of the Federal Act of 17 July 1997 on Voluntary Arrangement. In Belgium, only an individual tradesman (as determined by the performance of acts of trade, and not (only) by inclusion in the Commercial Register) or a commercial company can be declared bankrupt. A simple non-trading individual cannot be made bankrupt and a foreign insolvency decision involving a non-commercial individual will not be recognisable or enforceable. Belgian International Public Order demands the equality of creditors, regardless of their nationality, but having regard for the priority and securities rights. A Belgian judge confronted with an insolvency decision of a foreign court will also verify the latter s judicial competence. A foreign bankruptcy of an individual tradesman with domicile in Belgium or a company with its registered seat in Belgium is unlikely to be recognised. With the entry into force of the EC Regulation, the possibility of a territorial insolvency procedure against a debtor who has his centre of main interest in another Member State of the European Union, i.e. secondary bankruptcy, entered into force as well. This procedure will be subject to the EC Regulation. At the other hand, the recognition and enforcement of an insolvency procedure concerning a debtor who has not his centre of main interest in one of the EU Member States, will in Belgium be subject to the Belgian Procedural Code Article

5 3. Insolvency practice BELGIUM The foreign trustee of a bankruptcy that extends to Belgian territory will have the same rights and options as a Belgian trustee would have in his position. The foreign insolvency decision appointing the foreign trustee will be recognised in Belgium de plano, because of a treaty or the EC Regulation or because of the general rule of Article 570 of the Procedural Code, in the latter case providing that the decision complies with the criteria and that it had universal effect according to its own national law. The foreign trustee does not need to have the foreign insolvency formally recognised unless his position as trustee of the bankruptcy is questioned, in which case he can request a formal recognition of the decision and his mandate. The foreign trustee can undertake all necessary actions including: Undertake the normal acts of administration; Take protective measures; Start proceedings against debtors of the bankrupt person or company; Sell the movables of the bankruptcy. However, if the foreign administrator needs to undertake acts of forced execution, including seizing assets, he will need to request the exequatur of that decision. A formal enforcement decision is also required for the sale of real estate. The relevant court to grant the exequatur will depend on the element for which the foreign administrator needs the enforcement. For example, for the sale of real estate, the competent court will be the one where the real estate is situated. 4. Examples Cassation 26 September 1991, Pas. 1992, I, 49; T.B.H. 1992, 360 The Belgian Highest Court ruled that a Belgian Court could not enforce a Danish insolvency decision, since the decision in question was territorially limited to Denmark by its own national law. Court of Appeal, Brussels, 26 January 1938, Rev. dr. comp. 1950, 138 A Dutch trustee of a bankruptcy declared in the Netherlands could not interfere in attachment proceedings regarding funds in Belgium belonging to the Dutch debtor, without having the Dutch insolvency decision enforced before the Court. The Convention of 28 March 1925 between Belgium and the Netherlands had not entered into force before the decision of the Court of Appeal. Court of Commerce, Brussels, 20 June 1975, J.T. 1975, 641 A German insolvency decision could not be enforced in Belgium because of violation of a principle of Belgian International Public Order. The decision in question implied a right of preference for German creditors, while in Belgium all creditors, regardless of their nationality, are in principle equal. Moreover, according to the German understanding of universality, the decision had effect in Germany and abroad, but 67

6 BELGIUM only for the German creditors, and this violated the Belgian rule of general universality for all creditors. Court of Commerce, Antwerp, 24 May 1934, R. Fail. 1934, 336 It is not necessary that an Italian insolvency decision has been previously enforced for the trustee of a bankruptcy declared in Italy to have the legal capacity to sue in Belgium with regard to the movables owned by the debtor in Belgium. More recently, there have been two major cross-border insolvency cases in Belgium - Lernout & Hauspie (bankruptcy in Belgium Chapter 11 in America) and Sabena/Swissair (bankruptcy in Belgium bankruptcy in Switzerland). At present, neither case has yet sought the recognition or enforcement of an insolvency decision of a foreign jurisdiction. 68

DEBT RECOVERY IN BELGIUM Law Firm Van Dievoet, Jegers, Van der Mosen & Partners

DEBT RECOVERY IN BELGIUM Law Firm Van Dievoet, Jegers, Van der Mosen & Partners Error!Marcador no definido.introduction The implementation of Directive 2000/35/EC of the European Parliament and of the Council of June 29, 2000 into Belgian law The European directive had to be implemented

More information

Enforcement of judgments in civil matters in Switzerland

Enforcement of judgments in civil matters in Switzerland 1 Enforcement of judgments in civil matters in Switzerland By Prof. Dr. Isaak Meier Professor of Procedural Law, Bankruptcy Law, Private Law and Mediation at the University of Zurich 1. Introduction We

More information

Consultation on the future of European Insolvency Law

Consultation on the future of European Insolvency Law Consultation on the future of European Insolvency Law The Commission has put the revision of the Insolvency Regulation in its Work Programme for 2012. The revision is one of the measures in the field of

More information

Guidelines for Enforcing Money Judgments Abroad

Guidelines for Enforcing Money Judgments Abroad The article was originally published in International Business Lawyer, Volume 21, Number 11, pages 509-512. The International Business Lawyer is published by the Section on Business Law of the International

More information

THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS IN DENMARK by partner Anne Buhl Bjelke, Bech-Bruun

THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS IN DENMARK by partner Anne Buhl Bjelke, Bech-Bruun THE RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS IN DENMARK by partner Anne Buhl Bjelke, Bech-Bruun 1. The Danish reservation regarding justice and home affairs in the EU In 1993 Denmark held a referendum

More information

Netherlands. Philip WM ter Burg and Femke Faes. Buren van Velzen Guelen NV

Netherlands. Philip WM ter Burg and Femke Faes. Buren van Velzen Guelen NV Philip WM ter Burg and Femke Faes 1 Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country s approach

More information

16636/5/14 REV 5 MN/FC/ra DGD 2

16636/5/14 REV 5 MN/FC/ra DGD 2 Council of the European Union Brussels, 17 March 2015 (OR. en) Interinstitutional File: 2012/0360 (COD) 16636/5/14 REV 5 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: JUSTCIV 319 EJUSTICE 123 CODEC 2464

More information

Official Journal of the European Union

Official Journal of the European Union 5.6.2015 L 141/19 REGULATION (EU) 2015/848 OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 20 May 2015 on insolvency proceedings (recast) THE EUROPEAN PARLIAMT AND THE COUNCIL OF THE EUROPEAN UNION, Having

More information

Making a cross border claim in the EU

Making a cross border claim in the EU Making a cross border claim in the EU serving the community through the administration of justice Using the European Order for Payment procedure or the European Small Claims procedure Version: 2.0 Date

More information

Does the Regulation Apply?

Does the Regulation Apply? A. JURISDICTION OF UNITED KINGDOM COURTS (see articles 3 and 2(d)) Does the Regulation Apply? If the proceedings are based on the debtor s insolvency, the debtor is not excluded under article 1(2) and

More information

Formalities. CROSS-BORDER HANDBOOKS www.practicallaw.com/restructurehandbook 181

Formalities. CROSS-BORDER HANDBOOKS www.practicallaw.com/restructurehandbook 181 Restructuring and Insolvency 2007/08 Switzerland Switzerland Daniel Hunkeler, Schumacher Baur Hürlimann www.practicallaw.com/9-237-7954 SECURITY AND PRIORITIES 1. What are the most common forms of security

More information

Claw Back Risk on International Debt Collection Between China and Japan

Claw Back Risk on International Debt Collection Between China and Japan HARAGUCHI INTERNATIONAL LAW OFFICE KDX Toranomon Building, 9th F, 4-3, Toranomon 1-chome, Minato-ku, Tokyo 105-0001, JAPAN Phone: 81(3)6205-4404 Fax: 81(3)6205-4405 E-mail: kharaguchi@haraguchi-law.com

More information

DEBT RECOVERY IN FRANCE

DEBT RECOVERY IN FRANCE DEBT RECOVERY IN FRANCE Debt Recovery Agencies They are commercial structures which seek to recover debts. They are non-lawyers. This is an expensive method to recover debts. They are paid on a percentage

More information

PUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 30 June 2005 (05.07) (OR. fr) 10748/05 LIMITE JUR 291 JUSTCIV 130 CODEC 579

PUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 30 June 2005 (05.07) (OR. fr) 10748/05 LIMITE JUR 291 JUSTCIV 130 CODEC 579 Conseil UE COU CIL OF THE EUROPEA U IO Brussels, 30 June 2005 (05.07) (OR. fr) PUBLIC 10748/05 LIMITE 291 JUSTCIV 130 CODEC 579 OPI IO OF THE LEGAL SERVICE Subject : Proposal for a Regulation of the European

More information

Luxembourg. Martine Gerber and Denis Cantele. Oostvogels Pfister Feyten

Luxembourg. Martine Gerber and Denis Cantele. Oostvogels Pfister Feyten Luxembourg Martine Gerber and Denis Cantele Oostvogels Pfister Feyten Legislation 1 What legislation is applicable to bankruptcies and reorganisations? In Luxembourg, insolvency regulation is governed

More information

OH, THE PLACES YOU LL GO! Insolvency Commission. London 2015 Workshop B. National Report of Germany. Michael Pauli, LL.M.

OH, THE PLACES YOU LL GO! Insolvency Commission. London 2015 Workshop B. National Report of Germany. Michael Pauli, LL.M. OH, THE PLACES YOU LL GO! Forum shopping and filing insolvency proceedings in a global legal world Insolvency Commission London 2015 Workshop B National Report of Germany Michael Pauli, LL.M. Heuking Kühn

More information

Law 2735/1999 (the Law) governs international commercial arbitration taking place in Greece. It is based on the UNCITRAL model law.

Law 2735/1999 (the Law) governs international commercial arbitration taking place in Greece. It is based on the UNCITRAL model law. Ελλάδα Greece Europe Key points Law 2735/1999 (the Law) governs international commercial arbitration taking place in Greece. It is based on the UNCITRAL model law. There are two major arbitral bodies:

More information

1. Perception of the Bancruptcy System... 2. 2. Perception of In-court Reorganisation... 4

1. Perception of the Bancruptcy System... 2. 2. Perception of In-court Reorganisation... 4 Bankruptcy Systems and In-court Reorganisation of Firms, 2010 Content: 1. Perception of the Bancruptcy System... 2 2. Perception of In-court Reorganisation... 4 3. Perception of Creditor Committees, Fast

More information

BLENHEIM ATTORNEYS AT AMSTERDAM

BLENHEIM ATTORNEYS AT AMSTERDAM WESTERDOKSDIJK 40, 1013 AE AMSTERDAM POSTBOX 10302, 1001 EH AMSTERDAM TELEPHONE: + 31 (0) 20 5210 100 FACSIMILE: + 31 (0) 20 5210 101 http://www.blenheim.nl :mail@blenheim.nl The information provided by

More information

The coordination of healthcare in Europe

The coordination of healthcare in Europe The coordination of healthcare in Europe Rights of insured persons and their family members under Regulations (EC) No 883/2004 and (EC) No 987/2009 Social Europe European Commission The coordination of

More information

Knowhow briefs The Brussels regulation at a glance

Knowhow briefs The Brussels regulation at a glance Knowhow briefs The Brussels regulation at a glance Executive Summary: A practical guide which addresses how and why the Brussels Regulation has been ratified and approved; which jurisdictional issues parties

More information

15414/14 ADD 1 AVI/abs 1 DG D 2A

15414/14 ADD 1 AVI/abs 1 DG D 2A Council of the European Union Brussels, 20 November 2014 Interinstitutional File: 2012/0360 (COD) 15414/14 ADD 1 JUSTCIV 285 EJUSTICE 109 CODEC 2225 ADDENDUM TO NOTE From : Presidency To : Coreper/Council

More information

Chapter 12 ENGLAND AND WALES

Chapter 12 ENGLAND AND WALES CROSS-BORDER INSOLVENCY Chapter 12 ENGLAND AND WALES 1. Under general law English case law shows a clear tradition of assistance and co-operation with foreign courts so that foreign creditors may gain

More information

KYIV, UKRAINE 6 JUNE 2013 CROSS-BORDER INSOLVENCY PROCEEDINGS IN UKRAINE

KYIV, UKRAINE 6 JUNE 2013 CROSS-BORDER INSOLVENCY PROCEEDINGS IN UKRAINE KYIV, UKRAINE 6 JUNE 2013 CROSS-BORDER INSOLVENCY PROCEEDINGS IN UKRAINE CROSS-BORDER INSOLVENCY PROCEEDINGS IN UKRAINE Generally, cross-border insolvency is considered to take place when an insolvent

More information

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER. on applicable law and jurisdiction in divorce matters. (presented by the Commission)

COMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER. on applicable law and jurisdiction in divorce matters. (presented by the Commission) COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14.3.2005 COM(2005) 82 final GREEN PAPER on applicable law and jurisdiction in divorce matters (presented by the Commission) {SEC(2005) 331} EN EN GREEN

More information

CHAPTER 15 OF THE U.S. BANKRUPTCY CODE: OVERVIEW OF PROCEDURES FOR CROSS BORDER INSOLVENCIES

CHAPTER 15 OF THE U.S. BANKRUPTCY CODE: OVERVIEW OF PROCEDURES FOR CROSS BORDER INSOLVENCIES CHAPTER 15 OF THE U.S. BANKRUPTCY CODE: OVERVIEW OF PROCEDURES FOR CROSS BORDER INSOLVENCIES Judith Elkin Haynes and Boone, LLP New York, New York judith.elkin@haynesboone.com CHAPTER 15 OF THE U.S. BANKRUPTCY

More information

Garnishment (2) Cross border garnishment allowed?

Garnishment (2) Cross border garnishment allowed? Garnishment (2) Austria -Service of gnm order to garnishee is a prerequisite for validity (whereas service to debtor is not) - In principle, Garnishee s position is not changed by transfer of the to debtor,

More information

Introductory Act to the Insolvency Statute (Excerpts)

Introductory Act to the Insolvency Statute (Excerpts) Übersetzung durch Ute Reusch Translation provided by Ute Reusch Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 9 des Gesetzes vom 13.2.2013 (BGBl. I S. 174) Version information:

More information

On Effect of Constitution on Bankruptcy Law

On Effect of Constitution on Bankruptcy Law Professor of Civil Law, University of Tartu On Effect of Constitution on Bankruptcy Law Pursuant to 3 of the Constitution of the Republic of Estonia, the state authority is exercised solely pursuant to

More information

Restructuring and insolvency in Luxembourg PricewaterhouseCoopers Sàrl Noble & Scheidecker

Restructuring and insolvency in Luxembourg PricewaterhouseCoopers Sàrl Noble & Scheidecker Restructuring and insolvency in Luxembourg PricewaterhouseCoopers Sàrl Noble & Scheidecker This article first appeared in The European Restructuring and Insolvency Guide 2005/2006 published by Globe White

More information

EU COMMISSION CONSULTATION ON THE FUTURE OF EUROPEAN INSOLVENCY LAW

EU COMMISSION CONSULTATION ON THE FUTURE OF EUROPEAN INSOLVENCY LAW EU COMMISSION CONSULTATION ON THE FUTURE OF EUROPEAN INSOLVENCY LAW Response of the Judges of the Chancery Division of the High Court of Justice of England and Wales INTRODUCTION The High Court is the

More information

Anna Sapota* Jagielonian University in Kraków, Poland

Anna Sapota* Jagielonian University in Kraków, Poland THE ENHANCED COOPERATION IS IT AN INSTRUMENT EFFICIENT ENOUGH TO AVOID THE DIVERGENCE BETWEEN THE NATIONAL REGULATIONS OF PRIVATE INTERNATIONAL LAW IN THE EU? Anna Sapota* Jagielonian University in Kraków,

More information

Patents in Europe 2013/2014

Patents in Europe 2013/2014 In association with Unitary patent and Unified Patent Court: the proposed framework Rainer K Kuhnen Patents in Europe 2013/2014 Helping business compete in the global economy Unitary patent and Unified

More information

The revival of crossborder

The revival of crossborder The revival of crossborder injunctions The European Court of Justice recently breathed new life into the phenomenon of cross-border injunctions a cost-effective tool originally developed by the Dutch courts

More information

Guide to Statutory Demands for those presenting and receiving one

Guide to Statutory Demands for those presenting and receiving one Guide to Statutory Demands for those presenting and receiving one What is a statutory demand? A statutory demand is a prescribed type of written request from a creditor for payment of a debt. What forms

More information

Patent Litigation in Europe - Presence and Future

Patent Litigation in Europe - Presence and Future Patent Litigation in Europe - Presence and Future Innovation Support Training Program (ISTP) Module 2 / November 27, 2006 Christian W. Appelt German and European Patent and Trademark Attorney Patent Litigation

More information

BELIZE ARBITRATION ACT CHAPTER 125 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

BELIZE ARBITRATION ACT CHAPTER 125 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 BELIZE ARBITRATION ACT CHAPTER 125 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of

More information

Explanatory Report to the European Convention on Certain International Aspects of Bankruptcy

Explanatory Report to the European Convention on Certain International Aspects of Bankruptcy European Treaty Series - No. 136 Explanatory Report to the European Convention on Certain International Aspects of Bankruptcy Istanbul, 5.VI.1990 I. The European Convention on Certain International Aspects

More information

Patents in Europe 2015/2016

Patents in Europe 2015/2016 In association with The proposed structure of the Unified Patent Court system in Europe Rainer K Kuhnen, KUHNEN & WACKER Intellectual Property Law Firm Patents in Europe 2015/2016 Helping business compete

More information

Bankruptcy and Restructuring

Bankruptcy and Restructuring doing business in Canada 102 p Bankruptcy and Restructuring 1. Legislation and Court System The Canadian bankruptcy and insolvency regime is divided between the federal and provincial levels of government

More information

Europe. NEW OPPORTUNITIES FOR DIVIDEND WITHHOLDING TAX REFUNDS EU / EEA Tax Exempt Entities Handbook

Europe. NEW OPPORTUNITIES FOR DIVIDEND WITHHOLDING TAX REFUNDS EU / EEA Tax Exempt Entities Handbook Europe NEW OPPORTUNITIES FOR DIVIDEND WITHHOLDING TAX REFUNDS EU / EEA Tax Exempt Entities Handbook 3rd Edition April 2012 I n t r o d u c t i o n We are pleased to present the third edition of this handbook,

More information

RESOLUTION No 2 /2012 INTERNATIONAL CIVIL LITIGATION AND THE INTERESTS OF THE PUBLIC

RESOLUTION No 2 /2012 INTERNATIONAL CIVIL LITIGATION AND THE INTERESTS OF THE PUBLIC RESOLUTION No 2 /2012 INTERNATIONAL CIVIL LITIGATION AND THE INTERESTS OF THE PUBLIC The 75th Conference of the International Law Association held in Sofia, Bulgaria, 26 to 30 August 2012: HAVING CONSIDERED

More information

European Commission Green Paper on Conflict of Laws Concerning matrimonial property regimes

European Commission Green Paper on Conflict of Laws Concerning matrimonial property regimes European Commission Green Paper on Conflict of Laws Concerning matrimonial property regimes The Law Society of Scotland s Response November 2006 The Law Society of Scotland 2006 1 INTRODUCTION The Family

More information

INDONESIAN BANKRUPTCY LAW: AN UPDATE. Meeting held on 27-28 April 2006

INDONESIAN BANKRUPTCY LAW: AN UPDATE. Meeting held on 27-28 April 2006 INDONESIAN BANKRUPTCY LAW: AN UPDATE by Subianta Mandala Meeting held on 27-28 April 2006 This document reproduces a report by Mr. Subianta Mandala written after the Fifth Forum for Asian Insolvency Reform

More information

Australia. I. Generally

Australia. I. Generally Australia Texas New York Washington, DC Connecticut Dubai Kazakhstan London I. Generally Australian bankruptcy procedure is regulated by its Corporations Law, which is a single statute that governs almost

More information

REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST

REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST REPLY BY THE BRAZILIAN MARITIME LAW ASSOCIATION TO THE CMI QUESTIONNAIRE OF 27 MAY 2015 ON THE STUDY RELATING TO LIABILITY FOR WRONGFUL ARREST I. INTERNATIONAL CONVENTIONS: (a) Please advise which, if

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Understanding Undefended Debt Claims. Enforcement of Money Judgments

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Understanding Undefended Debt Claims. Enforcement of Money Judgments Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Understanding Undefended Debt Claims 1.1 Definition of debt 1.2 Introduction 1.3 Taking instructions 1.4 Tracing debtors

More information

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated. EX50 Civil and Family Court Fees High Court and County Court - From April 2011 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is

More information

Daniel M. Glosband, Esq. Goodwin Procter LLP. 2005. Goodwin Procter LLP

Daniel M. Glosband, Esq. Goodwin Procter LLP. 2005. Goodwin Procter LLP CHAPTER 15: ANCILLARY AND OTHER CROSS-BORDER CASES Daniel M. Glosband, Esq. Goodwin Procter LLP 2005. Goodwin Procter LLP Enactment of Chapter 15 Chapter 15 is an entirely new chapter of the United States

More information

United Kingdom signs up to the 1996 Hague Child Protection Convention: What Family Lawyers Need to Know

United Kingdom signs up to the 1996 Hague Child Protection Convention: What Family Lawyers Need to Know United Kingdom signs up to the 1996 Hague Child Protection Convention: What Family Lawyers Need to Know David Truex Barrister and Solicitor (Australia) Solicitor (England and Wales) Taylor Hampton Solicitors

More information

When foreign insolvency law trumps English contractual law

When foreign insolvency law trumps English contractual law When foreign insolvency law trumps English contractual law Marc Florent and Jennifer Marshall 30 May 2012 1 Introduction Eurozone / sovereign debt crisis will lead to a greater number of insolvencies Difficult

More information

Association of the Councils of State and Supreme Administrative Jurisdictions of the EU

Association of the Councils of State and Supreme Administrative Jurisdictions of the EU Association of the Councils of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) Information provided by the ACA-Europe July, 2014 A. General information Name of network Association

More information

Insolvency and bankruptcy in Slovakia from the creditors' viewpoint

Insolvency and bankruptcy in Slovakia from the creditors' viewpoint Insolvency and bankruptcy in Slovakia from the creditors' viewpoint Business Breakfast The SWEDISH, the NETHERLANDS, the BRITISH Chambers of Commerce and PETERKA & PARTNERS Law Offices 25 November, 2009

More information

THE FREE MOVEMENT OF JUDGMENTS WITHIN THE EUROPEAN UNION: PROCESS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

THE FREE MOVEMENT OF JUDGMENTS WITHIN THE EUROPEAN UNION: PROCESS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS THE FREE MOVEMENT OF JUDGMENTS WITHIN THE EUROPEAN UNION: PROCESS OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS VERONIKA HRADILOVÁ Právnická fakulta Masarykovy univerzity, Česká republika Abstrakt

More information

Registered with the Solicitors Regulation Authority Registered with the Madrid Bar INSOLVENCY LAW DEPARTMENT

Registered with the Solicitors Regulation Authority Registered with the Madrid Bar INSOLVENCY LAW DEPARTMENT Registered with the Solicitors Regulation Authority Registered with the Madrid Bar INSOLVENCY LAW DEPARTMENT EC Regulation on insolvency proceedings UK insolvency proceedings under the Regulation Territorial

More information

HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW CONFÉRENCE DE LA HAYE DE DROIT INTERNATIONAL PRIVÉ

HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW CONFÉRENCE DE LA HAYE DE DROIT INTERNATIONAL PRIVÉ HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW CONFÉRENCE DE LA HAYE DE DROIT INTERNATIONAL PRIVÉ CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS

More information

Located in the heart of Central America with a population of

Located in the heart of Central America with a population of El Salvador Romero Pineda & Asociados El Salvador José Roberto Romero, managing partner Antonio Mendez, partner Romero Pineda & Asociados Located in the heart of Central America with a population of approximately

More information

slaughter and may Re Rodenstock: the jurisdiction of the English courts to sanction schemes of arrangement of solvent overseas companies INTRODUCTION

slaughter and may Re Rodenstock: the jurisdiction of the English courts to sanction schemes of arrangement of solvent overseas companies INTRODUCTION slaughter and may Re Rodenstock: the jurisdiction of the English courts to sanction schemes of arrangement of solvent overseas companies BRIEFING OCTOBER 2011 INTRODUCTION In a recent hearing in the Companies

More information

Instruments to control and finance the building of healthcare infrastructure in other countries of the European Union

Instruments to control and finance the building of healthcare infrastructure in other countries of the European Union Summary and conclusions This report describes the instruments by which the respective authorities of eight important European Union members control the building, financing and geographical distribution

More information

Insolvency of members of a group of companies

Insolvency of members of a group of companies Comments to the new EU regulation on insolvency proceedings Insolvency of members of a group of companies Alberto Díaz Moreno Professor of Corporate & Commercial Law, Universidad de Sevilla Academic Counsel,

More information

COMITE MARITIME INTERNATIONAL THE IMPLEMENTATION IN NATIONAL LAW OF MANDATORY INSURANCE PROVISIONS IN INTERNATIONAL CONVENTIONS

COMITE MARITIME INTERNATIONAL THE IMPLEMENTATION IN NATIONAL LAW OF MANDATORY INSURANCE PROVISIONS IN INTERNATIONAL CONVENTIONS Esplanade 6, 20354 Hamburg Telefon: 040/350 97-0 Telefax: 040/350 97 211 E-Mail: Info@Seerecht.de www.seerecht.de COMITE MARITIME INTERNATIONAL THE IMPLEMENTATION IN NATIONAL LAW OF MANDATORY INSURANCE

More information

TITLE XVIII ENFORCEMENT AND RECOGNITION OF FOREIGN MONEY JUDGMENTS

TITLE XVIII ENFORCEMENT AND RECOGNITION OF FOREIGN MONEY JUDGMENTS TITLE XVIII ENFORCEMENT AND RECOGNITION OF FOREIGN MONEY JUDGMENTS 1 CHAPTER 1. ENFORCEMENT OF JUDGMENT... 3 18-1-1 Definitions... 3 18-1-2 Applicability... 3 18-1-3 Recognition and Enforcement... 3 18-1-4

More information

Part 3: Arbitration Title 1: General Provisions

Part 3: Arbitration Title 1: General Provisions Civil Procedure Code 7 Part : Arbitration Title : General Provisions Art. 5 Scope of application The provisions of this Part apply to the proceedings before arbitral tribunals based in Switzerland, unless

More information

THE COMMUNITY TRADEMARK. Questions and anwsers

THE COMMUNITY TRADEMARK. Questions and anwsers TRADEMARKS THE COMMUNITY TRADEMARK. Questions and anwsers WHY A EUROPEAN COMMUNITY TRADEMARK? The 12 European States bound by the Treaty of Rome which instituted the European Economic Community (now called

More information

Formalities. CROSS-BORDER HANDBOOKS www.practicallaw.com/restructurehandbook 159

Formalities. CROSS-BORDER HANDBOOKS www.practicallaw.com/restructurehandbook 159 Restructuring and Insolvency 2007/08 South Africa South Africa Leonard Katz, Edward Nathan Sonnenbergs www.practicallaw.com/0-234-3973 SECURITY AND PRIORITIES Formalities 1. What are the most common forms

More information

"The technical problems, and possible solutions, in drafting international marriage contracts and pre-nuptial agreements"

The technical problems, and possible solutions, in drafting international marriage contracts and pre-nuptial agreements "The technical problems, and possible solutions, in drafting international marriage contracts and pre-nuptial agreements" 1. Is it possible to devise a pre-nuptial agreement which will prove effective

More information

Proposal for a COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce and legal separation

Proposal for a COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce and legal separation EUROPEAN COMMISSION Proposal for a Brussels, 24.3.2010 COM(2010) 105 final 2010/0067 (CNS) C7-0315/10 COUNCIL REGULATION (EU) implementing enhanced cooperation in the area of the law applicable to divorce

More information

LAW OF 16 JULY 2004 HOLDING THE CODE OF PRIVATE INTERNATIONAL LAW

LAW OF 16 JULY 2004 HOLDING THE CODE OF PRIVATE INTERNATIONAL LAW LAW OF 16 JULY 2004 HOLDING THE CODE OF PRIVATE INTERNATIONAL LAW [English translation by: Caroline Clijmans (LLM, NYU), Assistant, Department of Private International Law, University of Ghent, Belgium

More information

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT

COMMISSION OF THE EUROPEAN COMMUNITIES COMMISSION STAFF WORKING DOCUMENT COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 17.7.2006 SEC(2006) 949 COMMISSION STAFF WORKING DOCUMENT Annex to the proposal for a Council Regulation amending Regulation (EC) No 2201/2003 as regards

More information

Proposal for a COUNCIL DECISION

Proposal for a COUNCIL DECISION EUROPEAN COMMISSION Brussels, 13.2.2012 COM(2012) 39 final 2012/0018 (NLE) Proposal for a COUNCIL DECISION on the conclusion of the Agreement on certain aspects of air services between the European Union

More information

Hungarian comments on the Green Paper on Mortgage Credit in the EU, COM(2005) 327 final

Hungarian comments on the Green Paper on Mortgage Credit in the EU, COM(2005) 327 final Hungarian comments on the Green Paper on Mortgage Credit in the EU, COM(2005) 327 final The Hungarian Ministry of Finance and the Hungarian Ministry of Justice are convinced that the mortgage credit market

More information

Chapter 5 Winding up. 1392. Circumstances in which company may be wound up by the court. Chapter 6 Restoration. 1393. Restoration by the court.

Chapter 5 Winding up. 1392. Circumstances in which company may be wound up by the court. Chapter 6 Restoration. 1393. Restoration by the court. Chapter 5 Winding up 1392. Circumstances in which company may be wound up by the court. 1393. Restoration by the court. Chapter 6 Restoration Chapter 7 Public offers of securities, prevention of market

More information

INCORPOREAL MOVABLES. Attachments of. Citizen E-note. General rules for garnishment under ordinary law BELGIUM

INCORPOREAL MOVABLES. Attachments of. Citizen E-note. General rules for garnishment under ordinary law BELGIUM The attachment of intangible property (also called garnishment) is a procedure through which a creditor may obtain possession of dematerialised property that makes up his debtor s assets; as opposed to

More information

Yi Liu, Run Ming Law Office. China s Legal System and Corporate Aircraft

Yi Liu, Run Ming Law Office. China s Legal System and Corporate Aircraft Yi Liu, Run Ming Law Office China s Legal System and Corporate Aircraft I. Chinese Regulatory Scheme relating to Aircraft Purchase, Finance & Leasing Import Approval - National Development and Reform Commission

More information

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated. EX50 Civil and Family Court Fees From 22 April 2014 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fees.

More information

Ghada Qaisi Audi June 2013

Ghada Qaisi Audi June 2013 Enforcement of DIFC Courts Judgments and Orders within and outside the DIFC Ghada Qaisi Audi June Enforcement of DIFC Courts Judgments within the DIFC Enforcement of DIFC Courts judgments where the assets

More information

Article 5 (rights in rem)

Article 5 (rights in rem) Article 5 (rights in rem) by Jennifer Marshall Allen & Overy (England) 1 Introduction 1. since the European Insolvency Regulation (EIR) came into force across the EU almost 9 years ago, there have been

More information

Third Parties (Rights against Insurers) Act 2010

Third Parties (Rights against Insurers) Act 2010 Third Parties (Rights against Insurers) Act 2010 CHAPTER 10 CONTENTS Transfer of rights to third parties 1 Rights against insurer of insolvent person etc 2 Establishing liability in England and Wales and

More information

Report on the Role of Insurance Guarantee Schemes in the WindingUp Procedures of Insolvent Insurance Undertakings in the EU/EEA

Report on the Role of Insurance Guarantee Schemes in the WindingUp Procedures of Insolvent Insurance Undertakings in the EU/EEA EIOPATFIGS12/007 25 May 2012 Report on the Role of Insurance Guarantee Schemes in the WindingUp Procedures of Insolvent Insurance Undertakings in the EU/EEA 1. Introduction This report is prepared as part

More information

International Factors Group Model Law of Factoring

International Factors Group Model Law of Factoring Afreximbank Conference - Lusaka Regulatory and Legal Aspects of Factoring & International Factors Group Model Law of Factoring Edward Wilde Solicitor with Squire Patton Boggs Financial Services Team London

More information

91[/2012] Act as of 25 January 2012 on Private International Law. Part One General Provisions. 1 Subject Matter

91[/2012] Act as of 25 January 2012 on Private International Law. Part One General Provisions. 1 Subject Matter 91[/2012] Act as of 25 January 2012 on Private International Law The Parliament has passed this Act of the Czech Republic: Part One General Provisions 1 Subject Matter This Act stipulates, in relations

More information

The Act of 4 December 1993 No. 97 Collection of Laws

The Act of 4 December 1993 No. 97 Collection of Laws The Act of 4 December 1993 No. 97 Collection of Laws on Private International Law and Rules of International Procedure as amended by Act No. 158/1969, Act No. 234/1992, Act 264/1992, Act No. 48/1996, Act

More information

The Special Non-resident Tax Regime for Expatriate Employees in Belgium

The Special Non-resident Tax Regime for Expatriate Employees in Belgium H UMAN C APITAL t The Special Non-resident Tax Regime for Expatriate Employees in Belgium Contents 1. Qualifying Conditions 2. The special tax regime a. Generalities b. Non-taxable allowances c. Calculation

More information

14. CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS 1. (Concluded 15 November 1965)

14. CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS 1. (Concluded 15 November 1965) 14. CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS 1 (Concluded 15 November 1965) The States signatory to the present Convention, Desiring to create

More information

Insolvency Law LAD5093 DR. ZULKIFLI HASAN Bankruptcy Winding-up CONTENTS Introduction Insolvency law is concerned with companies and individuals who are debtors and who are unable to repay their debts.

More information

LEGAL PROTECTION OF PAYMENT AND SECURITIES SETTLEMENT SYSTEMS AND OF COLLATERAL TRANSACTIONS IN EUROPEAN UNION LEGISLATION

LEGAL PROTECTION OF PAYMENT AND SECURITIES SETTLEMENT SYSTEMS AND OF COLLATERAL TRANSACTIONS IN EUROPEAN UNION LEGISLATION Paper presented at the 2006 Seminar on Current Developments in Monetary and Financial Law Law and Financial Stability Hosted by the International Monetary Fund, Washington, D.C., October 23-27, 2006. LEGAL

More information

Valencia / Spain October 28 November 1, 2015 BANKRUPCY LAW. CROSS-BORDER INSOLVENCY PROCEEDINGS - New EU Regulation on Insolvency 2015 -

Valencia / Spain October 28 November 1, 2015 BANKRUPCY LAW. CROSS-BORDER INSOLVENCY PROCEEDINGS - New EU Regulation on Insolvency 2015 - 59th UIA CONGRESS Valencia / Spain October 28 November 1, 2015 BANKRUPCY LAW Date of the session: e.g.: Saturday, October 31, 2015 CROSS-BORDER INSOLVENCY PROCEEDINGS - New EU Regulation on Insolvency

More information

Albania. Chapter. Kalo & Associates. 1 Issues Arising When a Company is in Financial Difficulties. 2 Formal Procedures. Ardjana Shehi.

Albania. Chapter. Kalo & Associates. 1 Issues Arising When a Company is in Financial Difficulties. 2 Formal Procedures. Ardjana Shehi. Chapter Ardjana Shehi Aigest Milo 1 Issues Arising When a Company is in Financial Difficulties 1.1 How does a creditor take security over assets in? Under n Legislation security over assets can be created

More information

CONSULTATION ON THE FUTURE OF EUROPEAN INSOLVENCY LAW RESPONSE OF THE INSOLVENCY PRACTITIONERS ASSOCIATION CORPORATE CONSULTATION COMMITTEE

CONSULTATION ON THE FUTURE OF EUROPEAN INSOLVENCY LAW RESPONSE OF THE INSOLVENCY PRACTITIONERS ASSOCIATION CORPORATE CONSULTATION COMMITTEE CONSULTATION ON THE FUTURE OF EUROPEAN INSOLVENCY LAW RESPONSE OF THE INSOLVENCY PRACTITIONERS ASSOCIATION CORPORATE CONSULTATION COMMITTEE Please indicate your role for the purpose of this consultation

More information

COMMISSION RECOMMENDATION. of 12.3.2014. on a new approach to business failure and insolvency. (Text with EEA relevance) {SWD(2014) 61} {SWD(2014) 62}

COMMISSION RECOMMENDATION. of 12.3.2014. on a new approach to business failure and insolvency. (Text with EEA relevance) {SWD(2014) 61} {SWD(2014) 62} EUROPEAN COMMISSION Brussels, 12.3.2014 C(2014) 1500 final COMMISSION RECOMMENDATION of 12.3.2014 on a new approach to business failure and insolvency (Text with EEA relevance) {SWD(2014) 61} {SWD(2014)

More information

LIMITATIONS. The Limitations Act. being

LIMITATIONS. The Limitations Act. being 1 LIMITATIONS c. L-16.1 The Limitations Act being Chapter L-16.1* of The Statutes of Saskatchewan, 2004 (effective May 1, 2005), as amended by the Statutes of Saskatchewan, 2007, c.28. *NOTE: Pursuant

More information

Information and Observations on the Scope and Application of Universal Jurisdiction. Resolution 65/33 of the General Assembly

Information and Observations on the Scope and Application of Universal Jurisdiction. Resolution 65/33 of the General Assembly United Nations General Assembly Sixty-seventh Session Sixth Committee Information and Observations on the Scope and Application of Universal Jurisdiction Resolution 65/33 of the General Assembly pursuant

More information

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated.

Court fees are payable at the time you file any document or commence any process requiring a fee, unless otherwise stated. EX50 Civil and Family Court Fees From 6 April 2015 Important information This leaflet sets out a selection of civil and family court fees. It is not the full list, neither is it the authority on fees.

More information

LEVEL 4 - UNIT 8 PERSONAL INSOLVENCY SUGGESTED ANSWERS - JANUARY 2015

LEVEL 4 - UNIT 8 PERSONAL INSOLVENCY SUGGESTED ANSWERS - JANUARY 2015 Note to Candidates and Tutors: LEVEL 4 - UNIT 8 PERSONAL INSOLVENCY SUGGESTED ANSWERS - JANUARY 2015 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points

More information

No. 3850. CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE. DONE AT NEW YORK ON 20 JUNE 1956'

No. 3850. CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE. DONE AT NEW YORK ON 20 JUNE 1956' 1982 United Nations Treaty Series Nations Unies Recueil des Traités 349 No. 3850. CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE. DONE AT NEW YORK ON 20 JUNE 1956' COMMUNICATION under articles 2 (3)

More information

CROSS-BORDER INSOLVENCY PROTOCOL FOR 360NETWORKS INC. AND ITS AFFILIATED COMPANIES

CROSS-BORDER INSOLVENCY PROTOCOL FOR 360NETWORKS INC. AND ITS AFFILIATED COMPANIES CROSS-BORDER INSOLVENCY PROTOCOL FOR 360NETWORKS INC. AND ITS AFFILIATED COMPANIES 1. Certain defined terms used in this Protocol shall have the meanings assigned to them in Appendix A. 2. The 360 Group

More information

Buy-Out of Bankruptcy Estates under Italian Bankruptcy Law

Buy-Out of Bankruptcy Estates under Italian Bankruptcy Law Buy-Out of Bankruptcy Estates under Italian Bankruptcy Law Article contributed by: Daniela Andreatta of Orrick, Herrington & Sutcliffe 1 The Bankruptcy Buy-Out Procedure Following the Reform The Italian

More information

LUXEMBOURG COMPARATIVE STUDY OF RESIDUAL JURISDICTION PREPARED BY:

LUXEMBOURG COMPARATIVE STUDY OF RESIDUAL JURISDICTION PREPARED BY: COMPARATIVE STUDY OF RESIDUAL JURISDICTION IN CIVIL AND COMMERCIAL DISPUTES IN THE EU NATIONAL REPORT FOR: LUXEMBOURG PREPARED BY: GUY ARENDT, ALEX SCHMITT & FABIO TREVISAN BONN SCHMITT STEICHEN 44 RUE

More information

Cross Border Debt Collection Procedures

Cross Border Debt Collection Procedures Cross Border Debt Collection Procedures Bulgaria Hungary Serbia Slovakia Romania Time Limit Time Limit Time Limit Time Limit Time Limit Time limits are connected with prescription.standard prescription

More information