International Insolvency Law

This course provides an understanding of international insolvency law using both the comparative law approach in exploring insolvency law in a number of selected countries representing a variety of different legal and socio-political traditions and then an approach of exploring the international aspects of insolvency law (in particular where assets, business interests and/or creditors of an insolvent enterprise are located in two or more jurisdictions). The emphasis will be mainly on corporate enterprise insolvency, paying special regard to the differing jurisprudence to the subject of business rescue, as an alternative to liquidation, and upon the use of insolvency procedures as an instrument of social and commercial policy. The course considers recent regional transnational insolvency rules and efforts at international regulation such as the UNCITRAL Model Law and the European Union Regulation on Insolvency Proceedings. It will consider the application of recent decisions in cross-border insolvency in Australia and elsewhere. There will be an opportunity to consider the history of cross border insolvency developed under national law and to explore past and current initiatives in the regulation of international insolvency.