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