Description
| Product ID: | 9781509935994 |
| Product Form: | Hardback |
| Country of Manufacture: | GB |
| Title: | Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime |
| Subtitle: | Commonwealth and US Perspectives |
| Authors: | Author: Jingchen Xu |
| Page Count: | 248 |
| Subjects: | Public international law: economic and trade, International economic & trade law, International law, transport and commerce: maritime law, Private international law and conflict of laws, Bankruptcy and insolvency, International maritime law, Private international law & conflict of laws, Bankruptcy & insolvency |
| Description: | Select Guide Rating This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor’s assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry. This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the ''centre of main interest'' of an offshore shipping company, and the scope of a debtor’s assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry. |
| Imprint Name: | Hart Publishing |
| Publisher Name: | Bloomsbury Publishing PLC |
| Country of Publication: | GB |
| Publishing Date: | 2020-12-10 |
