Corporate Restructuring Law in Flux
This book analyses recent developments in English corporate restructuring law from a range of comparative and theoretical perspectives, exploring some of the most difficult and contentious aspects of the design of domestic restructuring laws and their application in cross-border cases. The author team draw on their expertise in a wide range of jurisdictions to reflect critically on choices made in the Corporate Insolvency and Governance Act 2020 (UK) and on aspects of restructuring laws and restructuring law reform initiatives elsewhere, including in the EU, the US, and in various jurisdictions in Africa. The book begins with an introductory chapter by the editors (Jennifer Payne and Kristin van Zwieten) that explains the landmark 2020 UK reforms and provides a detailed synopsis of each of the chapters that follow, drawing out connections between them, and articulating some common themes that are salient for policymakers.
Contributors
Jennifer Payne (University of Oxford), Kristin van Zwieten (University of Oxford), Gabrielle Ruiz (Clifford Chance), Philip Hertz (Clifford Chance),Sjur Swensen Ellingsæter (BI Norwegian Business School),Riz Mokal (University of Aberdeen), Irit Mevorach (University of Warwick), Stephan Madaus (Martin Luther University Halle-Wittenberg), Ignacio Tirado (UNIDROIT), Sarah Paterson (London School of Economics), Adrian Walters (Chicago-Kent College of Law), Edward Janger (Brooklyn Law School), Felix Steffek (University of Cambridge), Natalie Mrockova (University of Oxford), Winifred Tarinyeba Kiryabwire (Makerere University), Reinhard Bork (University of Hamburg), Anthony J Casey (University of Chicago).
Authors
Kristin van Zwieten
Gabrielle Ruiz
Philip Hertz
Sjur Swensen Ellingsæter
Riz Mokal
Irit Mevorach
Stephan Madaus
Ignacio Tirado
Sarah Paterson
Adrian Walters
Edward Janger
Felix Steffek
Natalie Mrockova
Winifred Tarinyeba Kiryabwire
Reinhard Bork
Anthony Casey
Reviews
Every insolvency lawyer who has – or hopes to have – an insolvency case with an important international component will want to have this book. It will also sit on the shelves of all academics and judges interested in this increasingly global field. It offers
description and insights at the practical, policy, and theoretical levels. The authors of the chapters are well-known to their colleagues in the insolvency field in their home countries and around the world, and have obviously been chosen both for their expertise and for the clarity with which they describe the English system and compare it to other regimes in the United States, the European Union, and Africa... The comparative illustrations help readers from a variety of jurisdictions to understand other systems more clearly as well as stimulating consideration of useful reforms. One of its best features are its regular reminders that transplanting an insolvency system requires careful attention to national differences in context, including the surrounding legal and business cultures, from one jurisdiction to another.