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    What insolvency actors need to know before applying the Regulation (EU) 2015/848 on insolvency proceedings which entered into force on 26 June 2017 (Part 2)?


    For the full text of the Article entitled "Applying the regulation (EU) 2015/848 on insolvency proceedings", see Eurofenix Autumn edition 2017, pp. 44-45.

    EN version (here)

    FR version (here)

     

     

    PART 2 - RELEVANT TEXTS ON JUDICIAL COOPERATION AND COMMUNICATION


     

    UNCITRAL EXPLANATORY TEXTS

     

    UNCITRAL Model Law on Cross-Border Insolvency: The Judicial Perspective (2011 - updated in 2013)

     

    The Judicial Perspective is designed to assist any judges with questions that may arise in the context of cross-border insolvency cases.

     

    The text is available at: 

    http://www.uncitral.org/pdf/english/texts/insolven/Judicial-Perspective-2013-e.pdf
     

     

    UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation (2009)

     

    The Practice Guide on Cross-Border Insolvency Cooperation provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases, in particular through the use of cross-border insolvency agreements in accordance with the requirements of applicable laws.

     

    The text is available at: 

    http://www.uncitral.org/uncitral/en/uncitral_texts/insolvency/2009PracticeGuide.html


     

     

    ALI-III GLOBAL PRINCIPLES AND GUIDELINES FOR COOPERATION IN INTERNATIONAL INSOLVENCY CASES

     

    The ALI-III Global Principles and Guidelines for Cooperation in International Insolvency Cases contains 37 Global Principles for Cooperation and 18 Global Guidelines for Court-to-Court Communications which can be used in cross-border insolvency cases by both 'common law' and 'civil law' jurisdictions.

     

    The text (as reposted by ALI-III in August 2017) is available at:

    https://www.iiiglobal.org/sites/default/files/ALI-III%20Global%20Principles%20booklet.pdf

     

    The initial version (2000) is available at:

    https://www.iiiglobal.org/sites/default/files/media/_1000_Guidelines_English.pdf

     

    The text of the Report (2012) is available at:

    https://www.iiiglobal.org/sites/default/files/alireportmarch_0.pdf

     


     

    EUROPEAN COMMUNICATION & COOPERATION GUIDELINES FOR CROSS-BORDER INSOLVENCY

     

    Guidelines written by Professor Bob WESSELS and Professor Miguel VIRGÓS for the application of the European Insolvency Regulation 1346/2000.

     

    The text is available here and at:

    https://www.insol-europe.org/publications/technical-series-publications

     

    Please note a proposal to review the Guidelines recently came from the Conference of European Restructuring and Insolvency Law (CERIL). In a pioneering cooperation with INSOL Europe, a Joint Working Group has been set up to review the Guidelines in light of recent practice led by Tomáš Richter (Linklaters LLP/Charles University) and Paul Omar (INSOL Europe), assisted by representatives of academia, judiciary and practice belonging to both organisations. The scope of the review will focus on the duty to cooperate and communicate in Articles 41, 43, 56 and 58 of the Recast EIR, which operate in the single debtor and group contexts.
    The intention is to present a working draft of second generation Guidelines at the INSOL Europe Annual Congress in Athens in 2018.

     

     

    EU CROSS-BORDER INSOLVENCY COURT-TO-COURT COMMUNICATIONS GUIDELINES (‘EU JudgeCo GUIDELINES’) 

     

    The text includes 26 Principles and 18 Guidelines including a commentary for the application of the European Insolvency Regulation 848/2015

     

    The text is available at:

    http://www.tri-leiden.eu/uploads/files/eu-cross-border-insolvency-court-to-court-cooperation-principlespdf.pdf


     

     

    JUDICIAL INSOLVENCY NETWORK GUIDELINES FOR COMMUNICATION AND COOPERATION BETWEEN COURTS IN CROSS-BORDER INSOLVENCY MATTERS (‘JIN GUIDELINES’). 

     

    The JIN Guidelines contains 14 guidelines which can be used by judges of 'common law' jurisdictions facing communication and cooperations issues in cross-border insolvency cases.

     

    The text is available at:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/612376/JIN_Guidelines.pdf

     

     

     

    For more details, please consult also the following website:

    www.bobwessels.nl