News 2020


Academic Forum Online Conference 2020
30 September 2020
 
This year the Academic Forum's Annual Conference will be held on-line with two highly relevant papers by Professors Horst Eidenmüller and Kristin Van Zwieten, both of University of Oxford, and by Lydia Tsioli of King's College London. Further details are on our Events page.

Academic Forum sponsored by

Edwin Coe LLP Law Firm

 

The Leiden Insolvency Workshop: Nurturing European Doctoral Talent

Report by Gert-Jan Boon, Axel Krohn and Chiara Lunetti, participants at the workshop.

From 5 to 6 March 2020, the BWILC (“Bob Wessels Insolvency Law Collection”) Foundation organised a second edition of the PhD Workshop on European and International Insolvency Law. The Foundation invited thirteen PhD candidates representing eleven universities from across Europe to present and discuss their current research in an environment tailored for furthering their academic talents.

The foundation was established in 2016, upon the donation by Emeritus Professor Bob Wessels of his extensive private book collection, which has now been made available in the library of the Leiden Law School. The board of the foundation is comprised of Professor Matthias Haentjens, Professor Reinout Vriesendorp, Professor Eric Dirix, Professor Stephan Madaus, and Dr. Paul Omar. Bob Wessels is the patron of the Foundation. The foundation has taken the initiative of organising a two-day PhD workshop in Leiden on an annual basis to enable PhD students to present and discuss their research with colleagues and eminent scholars.
 
The First Substantive Session (Directors, DIPs, Insurers and Insolvency Practitioners)
Georg Wabl (Vienna) gave the first presentation of the workshop addressing directors’ duties where there is a likelihood of insolvency. He showed the results of his cogent study on the meaning of likelihood of insolvency and the empirical analysis of director’s liability in the Austrian context. Gert-Jan Boon (Leiden) presented a comparative review of the Debtor in Possession (DIP), comparing the rights, powers and duties of the DIP in the US under Chapters 11 and 15 with the EU position in the Recast European Insolvency Regulation (Recast EIR) and the Preventive Restructuring Directive (Directive). Geleite Xu (Essex) presented his research on reforming China’s crisis management and market exit mechanism for insurers, exploring the approaches in China, the UK and the US to further the understanding of insolvency frameworks available for insurers. Walter Nijnens (Fulda) spoke on the tensions he identified between European data protection law and the duty of the insolvency practitioners to communicate under Article 41 of the Recast EIR.
 
Poster Presentations
The second day commenced with poster presentations, beginning with a review by Ilya Kokorin (Leiden) into how third-party releases may facilitate efficient group insolvency solutions. His suggestion was that, despite some challenges, third-party releases would minimise transaction costs and encourage the adoption of group-wide restructuring plans. Next up was Shuai Guo (Leiden), whose main idea was to determine what the issues of confidentiality, secrecy or privilege are and how they are affected by resolution, restructuring and insolvency proceedings. Following this, Svetla Kacharova (Bulgarian Academy of Sciences) discussed the Bulgarian legal framework for governing director’s obligations in the period prior to insolvency. Chiara Lunetti (Milan and Paris I Pantheon-Sorbonne) continued the discussion with the results of her PhD research into the wording of Article 6(1) of the Recast EIR, contending for its inaccuracy and that the wording adopted can lead to inconsistencies regarding the scope of application of the jurisdictional regime of annex actions. The session ended with a presentation by Axel Krohn (Martin Luther University) on the new EU Relative Priority Rule in Article 11 of the Directive, highlighting the advantages of the flexible provision in theory, though with concerns regarding its practicability.
 
The Second Substantive Session (Maritime Insolvencies, Restructuring Frameworks and Foreign Insolvency-related Judgments)
The day continued with a presentation by Warren De Waegh (Erasmus University Rotterdam), who tackled the topic of maritime insolvency under the current European legal framework, focusing in particular on maritime liens and whether they fall under the scope of Article 8 of the Recast EIR’s definition of rights in rem. Pride Chanakira (Wolverhampton) next focused on the corporate rescue approach adopted in the UK. As a key takeaway, he suggested that the UK tools on corporate rescue may not be effective to prevent insolvency, confronted with some of the principles set forth in the Directive. Next up was the presentation by Aleksandra Krawczyk (Opole) on restructuring agreements involving only a part of creditors, offering an overview of the pros and cons regarding processes provided through the prism of Polish insolvency law. Ioannis Bazinas (University College London) closed the second day of presentations with a spotlight on the topic of recognition and enforcement of foreign insolvency-related judgments and reorganizational plans under the US and UK systems, incidentally exploring the possibility that the recent UNCITRAL Model Law on Insolvency-related Judgments might create a framework facilitating the resolution of the current difficulties. At the end of the workshop, prizes were awarded by the BWILC board for the presentations by Ioannis Bazinas and Axel Krohn.
 
Platform for Academic Exchange
The participants much appreciated the venue provided by BWILC to present and discuss PhD research. The limited size of the workshop facilitated a welcoming environment for PhD students to meet peers who are at the same stage of their legal or academic career. It provided a valuable moment for academic growth, by allowing for engagement with colleagues and offering the opportunity to put new research ideas to the test. The next edition of the BWILC PhD Workshop will take place in February/March 2021.

Photo: Monique Shaw
Prof. Francisco Garcimartín joins the Board

INSOL Europe is pleased to announce that as of 1 January, 2020, the Board of its Academic Forum has been joined by Prof. Francisco Garcimartín.

Prof. Garcimartín is a Chair Professor of Private International Law at Universidad Autónoma de Madrid. He graduated in Law at the Universidad Autónoma de Madrid (1987) and earned his Ph.D. in Law at the aforementioned university (1991). His main fields of expertise are focused on international transactions, cross-border insolvency, international litigation as well as cross-border company law. He also works as a Consultant at Linklaters in Madrid.

He has published in most of the leading law journals on various aspects of private international law and cross-border transactions and he is co-author, with professor Miguel Virgós, of "The European Insolvency Regulation: Law and Practice," The Hague, Kluwer, 2004. He is also the author of the course “Cross-Border Listed Companies”, published in the Recueil de cours of The Hague Academy, vol. 328 (2007), pp. 1-171. He has represented the Spanish government as national expert in different international organizations, such as UNIDROIT, UNCITRAL, The Hague Conference or the Council of the European Union.

Prof. Garcimartín replaces Florian Bruderwho has handed in his resignation at the end of 2019 after having served on the Board of the Academic Forum for many years, and whose services are gratefully acknowledged by INSOL Europe.

Prof. Garcimartín joins an internationally diverse Board comprising Tomáš Richter (Chair, The Czech Republic), Line Langkjaer (Secretary, Denmark), Prof. Jessica Schmidt (Germany), Jennifer Gant (UK/USA & Ireland), Luigi Lai (Italy and Poland), Prof. Rolef De Weijs (The Netherlands), and Gert-Jan Boon (The Netherlands).

News 2019
 

Entreprendre – se retourner – se financer – se développer dans une économie en transition (BRUXELLES, Wednesday 27th November 2019)

More information available here.
 

EBRD Debt Enforcement Conference (LONDON, Friday 6 December 2019)

The EBRD is organising an event on 6 December 2019 at its London Headquarters which brings together leading experts to discuss the most significant advances in debt enforcement and the challenges that lie ahead in both the EBRD region and beyond.

The intention is to examine the proposition that a predictable, reliable and effective enforcement framework reduces credit risk, and thereby the cost of credit. It also sits at the heart of resilience, one of the EBRD’s transition qualities guiding the Bank’s operations and investments. 

To register for the conference, please go to: https://www.ebrd.com/news/events/debt-enforcement-in-europe-and-beyond.html
 

Ian Fletcher International Insolvency Law Moot Competition 2020 (London, Friday 7 - Sunday 9 February 2020)

The Fletcher Moot welcomes universities from around the world to participate in a mooting competition dealing with international insolvency litigation. Taking place on 7-9 February 2020 in London, UK, the competition provides the opportunity to experience real-world court proceedings before international panels of prestigious judges. The Moot problem and rules are now available on the website here.

Registration, which closes on 4 October 2019, can be effected via the Eventbrite website here.

Please email any registration and administrative queries to the Moot Registrar Sandra Mulholland at: Fletchermootcoordinator@shaw.ca.


INSOL International Academics’ Group Colloquium (Cape Town, Saturday 14-Sunday 15 March 2020)

The 22nd INSOL International Academic Colloquium will be a two-day event running over Saturday 14 and Sunday 15 March 2020, preceding the main conference in Cape Town, South Africa. The Colloquium is open to practitioners, academics and all those interested in the research and study of insolvency law and restructuring. The Group is highly interactive and will discuss and debate papers presented by leading professors and emerging academics from around the world, giving delegates an opportunity to hear the latest research insights from the academic world.

A Call for Papers has now been issued. The organisers would be grateful to receive expressions of interest on the following themes: Law reform and policy trends in emerging markets; Sovereign bankruptcy; Impact of 4IR on insolvency law and restructuring; Digital assets and insolvency proceedings; Insolvency within corporate groups; Executory contracts (ipso facto clauses); Role of ADR in bankruptcy and restructuring; Teaching innovations and collaborations in insolvency; History, art and bankruptcy; Cross-border insolvency issues; EU Directive on Restructuring Frameworks (rise of restructuring proceedings); EU law update: The Recast Insolvency Regulation (any related topics); Islamic finance and insolvency; Personal insolvency (consumer bankruptcy); Proposals on the treatment of MSME insolvency; and any other Hot Topics.

Submissions that include a comparative approach or an innovative angle to established research areas or have the capacity to open new fields of research are particularly invited. Not all of the topics listed above will necessarily feature on the final programme. Additionally, consideration can be given to proposals for papers that fall outside the list of proposed topics. Abstracts of not more than 300 words describing the paper intended for presentation at the conference should be submitted by: 30 October 2019 via email to Juanitta Calitz (jcalitz@uj.ac.za) and copied to Jelena Wenlock (jelena.wenlock@insol.org). Notification of Acceptance will take place by 30 November 2019. Early submission is strongly encouraged.


INSOL SCHOLAR AWARD

INSOL International is delighted to announce that it is looking to appoint an INSOL Scholar for two years during 2020/2021. For more information about the award and the qualification criteria, please see the attached guidelines and application form. The deadline for submitting applications is 31 October 2019. Please send your application and any queries to: jelena.wenlock@insol.org

INSOL Scholars Award Application Form (Sept 2019)
INSOL Scholars Award Application Guidelines (Sept 2019)


IEAF-ERA Joint Conference on Restructuring and Insolvency within the EU (Thursday 7-Friday 8 November 2019)

The European Academy of Law (ERA) and INSOL Europe Academic Forum Joint Conference on Restructuring and Insolvency within the EU will take place on Thursday 7-Friday 8 November 2019 at the premises of the ERA in Trier, Germany. The conference will chart the latest developments in European insolvency and restructuring, particularly focusing on the recently adopted Preventive Restructuring Directive, continuing case-law of the CJEU under the European Insolvency Regulation, and other matters such as Brexit. A combined agenda and registration form are now available here. Members of INSOL Europe can receive 25% discount off the registration fee by using the code “INSOL25_Restructuring19” during the registration process.
 


The Academic Forum celebrates its 15th anniversary in Copenhagen this autumn.

On 25 and 26 September 2019 the Academic Forum will gather in Copenhagen to discuss current topics in insolvency law. This year marks the 15th conference of the Academic Forum, which was first established as the Academic Wing under the leadership of prof. Sebastian Kortmann (Radboud University) and launched at the INSOL Europe conference in Cork in 2003.

With the formal adoption of the EU Restructuring Directive by the European Council on 6 June 2019, the theme of this year’s Academic Forum conference is very apt: “Harmonisation of insolvency and restructuring laws in the EU”

The conference focusses on the preventive restructuring frameworks that the EU Directive seeks to implement throughout the EU Member States. In six sessions, key elements of the restructuring framework as contemplated in the EU Directive will be discussed, as well as their (current and future) implementation and application in the Member States. 

These conference sessions will deal with the design and implementation of preventive restructuring frameworks, the role of directors and the position of the ‘debtor-in-possession’, the manner in which and extent to which creditors can be affected and protected by preventive restructuring frameworks (e.g. through a stay and cross-class cram-down mechanisms) and the administration of the restructuring process, with ample attention for the role of practitioners (in the field of restructuring) and judges. 

The traditional session of the Younger Academics Network of Insolvency Law (YANIL) this year forms a truly integral part of the conference programme, with younger academics talking about the EU Restructuring Directive. 

The final session of the conference, on Thursday 26 September, the Edwin Coe Practitioners’ Forum – to which all interested practitioners having already arrived in Copenhagen at that time are cordially invited – will explore the scope and limits of the stay.

We are very honoured and pleased that Prof. Ignacio Tirado, professor of Commercial, Corporate and Insolvency Law at the Universidad Autónoma of Madrid, Spain, and Secretary-General of UNIDROIT, has agreed to deliver this year’s Edwin Coe lecture. Prof. Tirado will share his thoughts with us on a highly debated issue under the EU Restructuring Directive: the “relative priority rule” in relation to the “absolute priority rule”.


Call for papers – Copenhagen 2019

The Academic Forum of INSOL Europe will be hosting its annual conference in Copenhagen on 25 and 26 September 2019. Expressions of interest are invited for the delivery of papers within the overall conference theme, which will be: “Harmonisation of insolvency and restructuring laws in the EU”

The theme is intended to allow for papers that address issues relevant to the three pillars of the new EU insolvency and restructuring directive:[1]
(i) preventive restructuring frameworks
(ii) second chance, and
(iii) efficiency of restructuring, insolvency and discharge procedures. 
 
We welcome papers that focus on, inter alia, the following topics:

  • Procedural aspects of preventive restructuring frameworks: balancing efficiency, speed and integrity of process;

  • Confirmation and cram down in preventive restructuring frameworks;

  • Restructuring of (cross-border) groups of companies;

  • Instruments to facilitate preventive restructuring: stay, protection of new and interim financing, executory contracts

  • The position of equity holders in preventive restructuring frameworks;

  • The position of employees in preventive restructuring frameworks;

  • Valuations in insolvency and restructuring;

  • Financial restructuring: debt for equity strategies and tailoring affected classes;

  • Treatment of SME’s in preventive restructuring and insolvency proceedings; 

  • Discharge of debts of natural persons (both entrepreneurs and consumers): conditions, timeframe and scope;

  • Empirical studies on the efficiency of restructuring, insolvency and discharge proceedings;

  • Conflicts for jurisdictions implementing the directive (legal, constitutional or otherwise);

  • Competition between jurisdictions for restructuring - comparisons of efficiency;

  • Obstacles to judicial cooperation in light of the directive;

  • ‘New kids on the block’, such as the practitioner in the field of restructuring;

  • Digitalization in the realm of insolvency. 

In light of the particular success of past conferences, the intention for this conference is to have papers that challenge existing approaches, stimulate debate and ask profound questions about the above-mentioned topics. Proposals are invited that do more than just outline a topic of interest in respect of any given jurisdiction, but seek to understand, analyse and critique the fundamentals of insolvency law and take the subject forward. Papers that have a comparative and/or an empirical angle are particularly welcome.
 
Younger Academics are, of course, also invited to submit papers on the topics mentioned above, but they may also choose to present their research in the session that is dedicated to the Young Academics’ Network in Insolvency Law (YANIL).
 
Expressions of interest in delivering papers within the conference theme should be communicated by 15 March 2019 by email to Anthon Verweij, IEAF Secretary. Please include a brief outline of the main issues and theses to be addressed in the paper. Proposals for papers will then be selected by the management board and the board will communicate around 1 April 2019 which papers have been selected for inclusion within the conference.

After selection of proposed papers the panel chairs will contact participants of each session to arrange a joint conference call to discuss the outlines of the proposed papers and align presentations, discuss joining instructions and outline the set-up of the conference programme.
 
We also draw your attention to the availability of travel grants. For more information on the criteria for eligibility, download the form here.

[1]Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU ([***]).


News 2018

CERIL Report 2018-2 Published

On 12 December 2018, the Conference on European Restructuring and Insolvency Law (CERIL) published its CERIL REPORT 2018-2 on Cross-border Restructuring and Insolvency post-Brexit. 
 
CERIL highlights the relationship between the EU and the UK after Brexit in the area of restructuring and insolvency law and seeks to formulate a position on the nature and content of a possible future instrument governing that relationship in its CERIL Statement 2018-2. CERIL argues for the development of a bilateral agreement between the EU and the UK in the field of insolvency and restructuring. Such bilateral agreement would mirror, with certain safeguards, the structure and content of the EIR Recast. It would cover international jurisdiction of courts, applicable law, a mutual system of recognition and enforcement and rules on cooperation and communication between UK and EU insolvency practitioners and courts.
 
The CERIL report highlights the relationship between the EU and the UK after Brexit and considers several solutions on how to fill the gap that will be left if, after Brexit, the European Insolvency Regulation (Recast) will cease to apply. CERIL submits that a future agreement should be developed as a 'parallel instrument'. The Lugano Convention, which basically extends the framework of the Brussels I Regulation vis à vis EFTA States, or the bilateral agreement extending the Brussels I Regulation to Denmark may be used as a model. In this way conflicting interpretations by courts in the UK and the EU can be prevented.  
 
The report was initiated and chaired by Prof. Francisco Garcimartín (University Autónoma of Madrid and Linklaters), and Prof. Michael Veder (Radboud University Nijmegen and RESOR) with the support of a CERIL working group investigating the possible consequences of Brexit on cross-border restructuring and insolvency in relation to the remaining EU. CERIL Report 2018-2 presents the result of this study.
 
Both the CERIL Statement 2018-2 and the full CERIL Report 2018-2 can be read via 
http://www.ceril.eu/publications/ceril-report-2018-2-on-cross-border-restructuring-and-insolvency-post-brexit/


International Comparative Bankruptcy Conference (Miami, Thursday 14-Friday 15 November 2019)

 The University of Miami School of Law and the University of Miami International & Comparative Law Review are pleased to announce the Second International and Comparative Insolvency Law Symposium, which will take place on Thursday 14-Friday 15 2019 at the Newman Alumni Center, 6200 San Amaro Drive, Coral Gables, Florida 33146 between 08h00-17h00 on both days. A Call for Papers has now been issued, the deadline for which is 31 January 2019. Contributions from academics of all levels, fellows, and graduate students will be welcome.
 
Further details are available from Professor Adrian Walters or via the conference website.

Leiden PhD Workshop in honour of Emeritus Professor Bob Wessels (Leiden, Thursday 28 February 2019)

 The Stichting Bob Wessels Insolvency Law Collection will hold a PhD workshop on the theme of European/International Insolvency Law on Thursday 28 February 2019. The one-day workshop will provide PhD students in the area of European/International Insolvency Law with a chance to connect with peers who are at the very same stage of their legal or academic career and also present, test and discuss their (developing) ideas in front of fellow colleagues as well as experienced professors in order to strengthen their research findings and skills.
 
The workshop is sponsored by the Stichting Bob Wessels Insolvency Law Collection which supports the international and European insolvency law section of the Law School library of Leiden University. The Stichting will provide one night's accommodation in Leiden and (if not otherwise reimbursed) a maximum of 50% of the travel expenses up to EUR 250. Applications to participate in the workshop can be downloaded here.
 
Completed applications must be submitted by 31 December 2018 to Professor Stephan Madaus. Applications will be reviewed by the Board of the Stichting. Participants at the PhD Workshop will also be able compete for a prize (a choice from the Collection which was not selected or made available by the Library and an amount of EUR 500) to be awarded for the most original presentation.

Funding awarded for the JCOERE Project

The European Commission has awarded funding under the JUST/2017/Action Grants programme to a project led by Professor Irene Lynch Fannon, a noted academic at the University College Cork writes Paul J. Omar, Technical Research Coordinator, INSOL Europe. The project, titled Judicial Co-Operation supporting Economic Recovery in Europe (or JCOERE for short), also involves the University of Florence, Titu Maiorescu University Bucharest and INSOL Europe.

Work on the project, which is scheduled to last two years, will focus on rules and practice which might present obstacles to the co-operation obligation referred to in Articles 42 and 57 of the Recast EIR. Given the prospective adoption of the Draft Directive on preventive restructuring in 2019, the project will analyse current procedural, substantive and other rules existing in a number of member states that might impede the way in which courts communicate and cooperate with each other.

The dissemination of information and outcomes is an important part of this project which will facilitate improved awareness of co-operation and communication provisions in insolvency texts and make available practical experience which might inform future steps to be taken by practitioners and judges in the administration of cross-border cases.


9th Grand Prize Jean Bastin 2019

The Fonds Scientifique Jean Bastin, a Belgian international non-profit association, will grant a substantial amount in the form of a Prize 20.000 euros to the author of the best thesis in the area of the indebtedness and solvency of the States. Granted for the first time in 1992, this is the 9th Grand Prix Jean Bastin 2019 Prize. It is one of the most prestigious in the legal and economical domain. The thesis must have been published after 1 January 2016 or to be published. Three areas of particular interest for the prize application have been mentioned:
The State in arbitration - International commercial arbitration and investment arbitration. Issue with the enforcement of arbitral awards against a State. Scope and limit of immunity from enforcement. Remedies. The issue of enforcement and post-arbitration mediation on the quantum of the conviction.
The State-debtor - Issue of vulture funds, protective legislations. Debt market. Forum shopping. Enforcement of foreign arbitral decisions or awards.
The State in bankruptcy - Problem of the public debt - IMF surveillance.
The thesis must be introduced, in conformity with the procedure set under the rules, by 30 November 2018 at the latest. It will be assessed by a Jury of four Belgian professors, and be presided by Minister of State Mark Eyskens. For more details regarding the subjects and the participation rules: www.fsjb.be (only in French) or contact info@fsjb.be.  Flyer available here.

Joint Aston-Wolverhampton Conference (Birmingham, 15 November 2018)

 

Aston and Wolverhampton Law Schools will be jointly hosting a conference titled “15 years of the Enterprise Act 2002 Insolvency Reforms: Reflection and Thoughts on Future Reform” on Thursday 15 November 2018. The purpose of the conference is to acknowledge that Autumn 2018 marks 15 years since the Enterprise Act 2002 introduced significant reforms to the insolvency regime in the UK. Whilst there have been numerous consultations and some reforms since, the current framework is very much shaped by those reforms. To mark this anniversary, Aston University and the University of Wolverhampton will be hosting a free one-day conference at Conference Aston in Birmingham city centre. The event will reflect on the impact of the Enterprise Act 2002 reforms on UK insolvency proceedings and also consider the potential for further reform. The Law Schools are delighted to be joined by keynote speakers, such as Professor Andrew Keay (Leeds), Professor David Milman (Lancaster) and Associate Professor David Brown (Adelaide) who will be presenting papers.

 

The organisers would like to invite submissions on the theme of the Enterprise Act 2002 reforms to UK insolvency proceedings and the need for further reform on all aspects of insolvency law. Submissions from doctoral and early career researchers are particularly encouraged. An abstract (of no more than 250 words) should be sent to Chris Umfreville at: by the deadline of 31 August 2018. All submissions must include your institution, email address and phone number. Any queries or requests for further information should also be directed to Chris Umfreville. Further details about the conference, including how to register for attendance at this free event, will be published later in the summer.


INSOL International Academics’ Group Conference (London, 12-13 July 2018)

 

The 20th Colloquium of the INSOL International Academics’ Group will take place in London in July 2018. The colloquium will be a 2-day event commencing with a Welcome Function on the evening of Wednesday 11 and running over Thursday 12–Friday 13 July in Central London at the BMA House in Tavistock Square. 


EU-Funded Joint Insolvency Project Conference on Best Practices in European Restructuring (Brussels, Thursday 5 July 2018)

 

A consortium of universities, including the University of Florence (Lorenzo Stanghellini/Riz Mokal), the Humboldt Universität von Berlin (Christoph Paulus) and the Universidad Autónoma of Madrid (Ignacio Tirado), will be holding a full-day workshop in Brussels to present the results of an EU-funded research project on contractual and semi-formal debt restructuring tools in the EU. The project, titled “Best Practices in European Restructuring Contractualised Distress Resolution in the Light of the Directive Proposal of 22 November 2016”, will discuss with attendees the project outcomes and implications for the Directive Proposal.

 

The workshop, for which participants will need to register, will take place in Brussels at the Centre for European Policy Studies (CEPS), 1 place du Congrès, 1000 Brussels on Thursday 5 July 2018 from 9.00–18:00. Further information, including the final agenda and preparatory materials, country reports for Italy, the UK, Germany and Spain as well as a summary of “best practices” identified through the project, will be circulated in advance of the meeting. In the interim, information on the project is available on a dedicated website at: or from Professor Lorenzo Stanghellini at: .


Call for papers - Athens 2018


The Academic Forum of INSOL Europe will be hosting its annual conference in Athens on Wednesday 3 October–Thursday 4 October 2018.


Expressions of interest are invited for the delivery of papers within the overall conference theme, which will be: “Party Autonomy and Third Party Protection in Insolvency Law”
 
The theme is intended to allow for papers that address issues of contract law, property law, company law and private international law that focus on, inter alia, the following topics:
  • The enforceability of contractual clauses, such as ipso facto clauses, divestment clauses, choice of law and choice of forum clauses, in insolvency;
  • Transaction avoidance rules, from the point of view of applicable law as well as harmonization of substantive law in the EU;
  • COMI-shifts and the transfer of the corporate seat of companies within the EU (in light of case C-106/16 (Polbud) and the EU’s “Company Law Upgrade Package”);
  • Possibilities of and limits to the use of group structures;
  • Distinguishing between use and abuse of restructuring: asset partitioning and loan to own strategies;
  • The position of secured creditors in insolvency proceedings, such as the effects of arrangements between lenders and borrowers in relation to third parties and the initiatives of the European Union in relation to the accelerated enforcement of collateral;
  • Financial restructuring: debt for equity strategies and tailoring affected classes;
  • Reorganisation procedures and gifting: gifting as a violation of the Absolute Prioirity Rule or as a ‘boost’ a reorganisation procedure;
  • Increased flexibility in the labour market and its effects on insolvency (freelance contractors excluded from workers' and wage protection?);
  • The increased attractiveness for certain stakeholders to use insolvency proceedings as a means to restructure a company or its business and (the ‘pull-effect’ of insolvency) its effects on third parties.
In light of the particular success of past conferences, the intention for this conference is to have papers that challenge existing approaches, stimulate debate and ask profound questions about the above mentioned topics. Proposals are invited that do more than just outline a topic of interest in respect of any given jurisdiction, but seek to understand, analyse and critique the fundamentals of insolvency law and take the subject forward. Papers that have a comparative and/or an empirical angle are particularly welcome.
 
Younger Academics are, of course, also invited to submit papers on the topics mentioned above, but they may also choose to present their research in the session that is dedicated to the Young Academics’ Network in Insolvency Law (YANIL).
 
Expressions of interest in delivering papers within the conference theme should be communicated by 15 March 2018 to Anthon Verweij, IEAF Secretary, by e-mail at: 
anthon.verweij@gmail.com
. Please include a brief outline of the main issues and theses to be addressed in the paper. Proposals for papers will then be selected by the management board and the board will communicate around 1 April 2018 which papers have been selected for inclusion within the conference.

After selection of proposed papers the panel chairs will contact participants of each session to arrange a joint conference call to discuss the outlines of the proposed papers and align presentations, discuss joining instructions and outline the set-up of the conference programme.
 
We also draw your attention to the availability of travel grants. For more information on the criteria for eligibility, download the form here.

2nd Cross-Border Corporate Insolvency and Commercial Law Research Group Conference, 27 April 2018, City University, London
 

The Cross-Border Corporate Insolvency and Commercial Law Research Group at the City University London will be organising their 2nd research conference and symposium on Friday 27 April 2018.

The event is intended to bring together senior and promising junior scholars who wish to present their research to a multinational specialist audience in the field of corporate insolvency and commercial law.

The event will consist of two sessions: a Senior Scholars’ Session, where scholars and practitioners will be able to present their papers on current issues in corporate insolvency law at national, European and international level and a Young Scholars’ Session dedicated to young researchers, PhD Candidates and postgraduate students who will have the opportunity to present their work followed by a Q&A discussion.

The event aims to promote fruitful research collaboration between its participants and to encourage their integration in a community of legal scholars. A modest conference fee will be charged (£29 City students, £39 Speakers, £49 Non-Speakers) to cover the cost of materials, equipment, venue, lunch and refreshments. The fee has been deliberately kept low to encourage wide participation.

For further information or to book a place at the conference and symposium, please visit the conference webpage, where an online payment facility is also available, at:
<https://www.city.ac.uk/events/2018/april/2nd-corporate-insolvency-commercial-law-conference>.


Academic Forum News 2017
 
The Bob Wessels Legacy: A New Leiden Insolvency Law Collection

 
After his retirement as Professor of International Insolvency Law at the Leiden University Law School, Bob Wessels transferred his unique privately owned (international) insolvency law library to the Stichting Bob Wessels Insolvency Law Collection. Subsequently, the foundation presented a large part of it in loan to the Leiden University Library to be placed and managed in the Kamerlingh Onnes Gebouw Library for inspection and consultation by (inter)national practitioners and academics who are interested in (international) insolvency law. Recently, this unique private collection was catalogued and classified and is now available for inspection and consultation by the (inter)national legal community at the premises of the Leiden Law Library.
 
To celebrate this exciting event, the board of the foundation is pleased to invite you for the official opening of the ‘Bob Wessels Insolvency Law Collection’ on Friday 26 January 2018 at 3 PM in the Library of the Kamerlingh Onnes Building, Steenschuur 25, 2311 ES Leiden. After a welcome by Professor Joanna van der Leun, Dean of the Leiden Law School, followed by a short contemplation by Professor Matthias Haentjens and Professor Reinout Vriesendorp, Chair and Secretary/Treasurer respectively of the Stichting Bob Wessels Insolvency Law Collection, Emeritus Professor Bob Wessels will perform the opening.


“An update on French and European Procedures”, 27 October 2017, Strasbourg

A conference will be held on 27 October 2017 on the theme of “An Update on French and European Insolvency Procedures”, organised by the Management and Economy Unit of the Mixed Research Group on Law, Religion, Enterprise and Society at the University of Strasbourg. The event, under the direction of Thibault De Ravel D’Esclapon, Senior Lecturer, University of Strasbourg and Michel Storck, Professeur, Université of Strasbourg, will take place in Amphitheatre 2, located at 61 avenue de la Forêt-Noire, Strasbourg.

The occasion will also see a formal ceremony of presentation of a Festschrift in honour of Jean-Luc Vallens to the recipient at the close of proceedings.

Further information can be obtained from:
Héloïse Hancke: T: +33(0)3 68 85 86 99; E: <fr3241-contact@unistra.fr>.

or from the website at: <http://dres.misha.cnrs.fr/spip.php?article522>.


The conference programme may be viewed here.


“Cross-Border Business Crisis: International and European Horizons”, 3-4 November 2017, Rome
 

The School of Law at LUISS “Guido Carli” University in Rome will host a conference on “Cross-Border Business Crisis: International and European Horizons” on 3-4 November 2017 coordinated by Professor Antonio Leandro (University of Bari) and Judge Luciano Panzani (President of the Court of Appeal, Rome).

The conference will reflect current developments in international and cross-border insolvency and will take place in three sessions over two days. The sessions will focus on “International and European Policies on Business Crisis”; “Regulation 2015/848 within the Private International Law European System” and “Cross-border Insolvency and the Italian Legal Order: Old and New Challenges”.

Confirmed speakers at the event come from the ranks of academia, practice and the judiciary and will include Stefania Bariatti, Massimo V. Benedettelli, Sergio M. Carbone, Giorgio Corno, Domenico Damascelli, Luigi Fumagalli, Anna Gardella, Lucio Ghia, Francisco J. Garcimartín Alférez, Antonio Leandro, Maria Chiara Malaguti, Fabrizio Marongiu Buonaiuti, Alberto Mazzoni, Paul J. Omar, Judge Luciano Panzani, Antonio Tullio, Robert van Galen, Francesca Villata and Ivo-Meinert Willrodt.

Speakers have been drawn from the membership of INSOL Europe, INSOL International and the International Insolvency Institute. In addition, the Study Group on Cross-Border Insolvency of the International Law Association (Italian Branch) will also be represented.

The Law School is pleased to be hosting this conference in Rome, which will also be an occasion to note the new Masters on Restructuring being launched at LUISS University in the coming academic year.

A final conference agenda is available here. Registration will be made available at the LUISS School of Law webpage dedicated to the event here
. In the interim, further information may be obtained from the conference organiser Professor Antonio Leandro at antonio.leandro@uniba.it

Call for Submissions: Nottingham Insolvency and Business Law eJournal NIBLeJ

The Centre for Business and Insolvency Law is calling for submissions to the Nottingham Insolvency and Business Law eJournal (NIBLeJ) for the Volume 5: Winter 2017. The NIBLeJ is an open access, peer reviewed academic journal (Dr Paula Moffatt and Dr Jennifer L. L. Gant, editors) that boasts an eminent cast of reviewers. Submissions must comply with the following requirements:
  • Content must have some relation to business and/or insolvency law, but innovative political, social, or theoretical perspectives are welcome as well as comparative discussions, cross-discipline investigations, and relationships with other legal areas.
  • Manuscripts should be between 10,000-15,000 words (including footnotes). 15,000 is the upper limit.
  • Referencing must conform to the OSCOLA style. See the following website for both a quick reference guide and full guidance: https://www.law.ox.ac.uk/research-subject-groups/publications/oscola. In-line referencing (Harvard Style) is not accepted.
  • Submissions should be sent to Jennifer L. L. Gant at jennifer.gant@ntu.ac.uk  on or before Friday 29th September 2017  in order to be included in this volume.
  • Submissions must include full name or names if more than one author and title. Authors are welcome to include academic affiliations, and qualifications, and teaching position, or any other relevant author information as a first footnote. 
 
Please note that only manuscripts in the English language will be accepted. Manuscripts submitted for publication are subjected to anonymous peer review by expert academics and legal practitioners to ensure high quality publications.
 
If you would like to look at previous submissions to the NIBLeJ, please see the following:  http://www.ntu.ac.uk/nls/research/insolvency_journal/index.html. A full style guide is also available here: https://www4.ntu.ac.uk/nls/research/insolvency_journal/editorial_information/191399.pdf.
 
The deadline for the final submission of article manuscripts is Friday 29 September 2017. For additional information, please contact Jennifer L. L. Gant in the first instance using the above contact details, or check the NIBLeJ website on the link above.

Nottingham Law School and Radboud University 
Dual Master’s in Law degree

Nottingham Law School, England and Radboud University, Nijmegen, The Netherlands have become partners to offer an exciting and innovative dual Master’s in Law degree. At the end of one year of study, successful students will be awarded the LLM Corporate and Insolvency Law from Nottingham Law School and the LLM European and Insolvency Law from Radboud University. Students spend time studying for the dual LLM at both university campuses. The partnership between the two universities means that internationally recognised professors of insolvency law, all specialists in their specific fields, will teach and share their extensive knowledge and expertise with students on this programme.

More information here.

Call for Contributions

Eleven International Publishing presents a New Book Series entitled European and
International Insolvency Law Studies (EIILS) with the aim of establishing a collection
of prominent studies in this field of law.
The series will be an important source of information for both practitioners (e.g.
lawyers, judges and policy makers in governments and international organizations)
and scholars involved in the practice and study of insolvency law.

More information can be found here.

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