Podcast Location:
Download it here [file size: 38.5 MB]
Categories:
European Law
Insolvency & Restructuring
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast Professor Harry Rajak from the University of Sussex, provides an overview of the issues that most commonly arise in cross-border and multinational insolvency. He examines the problems that arise in the recognition of foreign orders and judgments, the issues of preferential creditors and how clash of jurisdictions and multiple proceedings are dealt with by the courts.

Outcomes:
After completing the course you will:
  • Know some of the jurisdictional issues that commonly arise in cross-border and multinational insolvency;
  • Understand the difficulties that parties are often presented with when trying to gain recognition of foreign orders and judgments;
  • Be aware of the practical considerations which come into play where proceedings are raised in more than one jurisdiction;
  • Know how ‘forum shopping’ applies to international insolvency proceedings.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • EC Regulation on Insolvency Proceedings (EC) 1346/2000;
  • HIH Claims Support Limited v. Insurance Australia Ltd - Case No. M24/2011;
  • Insolvency Act 1986;
  • Rubin v Eurofinance S.A. [2012] UKSC 46 and New Cap Reinsurance Corporation v Grant [2011] EWCA Civ 97;
  • UNCITRAL Model Law on Cross-Border Insolvency (1997);
  • United States Bankruptcy Code.
Tags:

In this podcast Harry Rajak from the University of Sussex discusses the jurisdictional issues in cross-border and multinational insolvency.

Date Recorded: 8th August 2013

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