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    News 2018

     

    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. 

     

    An outline programme and online registration facility are now available at: . Further information may be obtained from Professor Rosalind Mason, the Chair of the Group, by e-mail at: .


    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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