INSOL Europe/LexisPSL Joint Projects
Apart from the European Insolvency Regulation applicable only between EU Member States, a few international instruments deal with the recognition issue relating to insolvency (and insolvency-related) judgments. Those international instruments, namely the UNCITRAL Model Laws 1997 and 2018 (for those Member States which have enacted them), the Hague Convention or EU Rome I Regulation, may also be complemented by other specific private international rules. For third countries and the UK (as a consequence of Brexit), a great uncertainty remains therefore in terms of providing the necessary authority for the recognition of such judgments. In that light, the Joint Project between LexisPSL and INSOL Europe on the recognition of foreign decisions in the 27 EU countries has been designed to address those situations and provide readers with a description of each national recognition process applicable to those judgments.
As added value, the proposal has been made by LexisPSL (UK) to make the exercise more concrete than simply being a mere description of national provisions within the scope of this project. That is why the project contains the national provisions which would apply with regard to the recognition of proceedings commenced in the UK in respect of an English Part 26 scheme of arrangement or Part 26A restructuring plan.
Alternatively, the reasons why recognition would be excluded will be adverted to. Indeed, this project includes restructuring proceedings and/or judgments commencing insolvency proceedings, even though international texts may exclude them from their scope of application.This document was prepared by a team drawn from INSOL Europe Country coordinators with the assistance of INSOL Europe members or other local experts (where necessary) to complete this valuable research project.
Readers will not only find individuals answers by the contributors from the 27 EU countries, but also a table summarising their findings, which is reproduced in Appendix I of the publication. We hope that the publication will achieve its aim, namely to ensure that proper consideration should be given to providing information for all professionals interested in questions arising under the Private International Law of Insolvency.
Full Free-access articles:
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France (update 2022)
Germany
Greece
Hungary
Italy
Ireland
Latvia
Lithuania (update 2022)
Luxembourg
Malta
(The) Netherlands
Poland (update 2022)
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
INSOL Europe/LexisPSL Joint Project on Coronavirus (COVID-19) Tracker of insolvency reforms globally
Full Free-access articles:
Argentina
Armenia
Australia
Belgium
Bulgaria
British Virgin Islands
Cayman Islands
Channel Islands
China
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Hungary
India
Italy
Japan
Latvia
Lithuania
Luxembourg
New Zealand
Poland
Portugal
Romania
Scotland
Spain
Singapore
Sweden
Switzerland
Turkey
Ukraine
United Kingdom
United State