INTERNATIONAL INSOLVENCY LAW

Markets and the Law

Series Editor:

Geraint Howells

Lancaster University, UK

Series Advisory Board:

Stefan Grundmann – Humboldt University of Berlin, Germany Hans Micklitz – Bamberg University, Germany

James P. Nehf – Indiana University, USA

Iain Ramsay – York University, Canada

Charles Rickett – University of Queensland, Australia Reiner Schulze – Münster University, Germany

Jules Stuyck – Katholieke Universiteit Leuven, Belgium Stephen Weatherill – University of Oxford, UK Thomas Wilhelmsson – University of Helsinki, Finland

Markets and the Law is concerned with the way the law interacts with the market through regulation, self-regulation and the impact of private law regimes. It looks at the impact of regional and international organizations (e.g. EC and WTO) and many of the works adopt a comparative approach and/or appeal to an international audience. Examples of subjects covered include trade laws, intellectual property, sales law, insurance, consumer law, banking, financial markets, labour law, environmental law and social regulation affecting the market as well as competition law. The series includes texts covering a broad area, monographs on focused issues, and collections of essays dealing with particular themes.

Other titles in the series

Electronic Consumer Contracts and International Private Law

Lorna Giles

Environmental Product Policy

Rosalind Malcolm

Central European Product Liability Regimes

Magdalena Sengayen

The Yearbook of Consumer Law 2008

Edited by Christian Twigg-Fleshner, Deborah Parry,

Geraint Howells and Anette Nordhausen

Fairness in Consumer Contracts

Chris Willett

Contents

PART I: GENERAL PRINCIPLES OF INSOLVENCY LAW

1.The Culture of Bankruptcy

2.Cross-Border Insolvency Law: Where Private International Law and

3.The Law and Economics of Corporate Insolvency – Some Thoughts

PART II: THE RESCUE AND FRESH START CONCEPTS

4.The Commencement of the Company Rescue: How and When Does it Start?

5.A Comparative Analysis of the Administration Regimes in Australia and the United Kingdom

6.Consuming Passions: Benchmarking Consumer Bankruptcy

PART III: INTERNATIONAL INSOLVENCY INITIATIVES

7.Coming to Terms with the COMI Concept in the European Insolvency

8.The Dominance of Main Insolvency Proceedings under the European Insolvency Regulation

PART IV: FINANCE AND SECURITY ISSUES

9.Bank Insolvency and the Problem of Non-Performing Loans

PART V: INNOVATIONS IN INSOLVENCY

11.A Plea for the Development of Coherent Labour and Insolvency Principles on a Regional Basis in SADC Countries

Notes on Contributors

Dr. Colin Anderson is a Senior Lecturer in the Griffith Business School at the Gold Coast Campus of the Griffith University, Queensland, Australia. E-mail: <colin.anderson@griffith.edu.au>.

André Boraine is a Professor in the Department of Procedural Law in the Law Faculty at the University of Pretoria, South Africa. E-mail: <andre.boraine@up.ac.za>.

Jenny Buchan is a Lecturer in the School of Business Law and Taxation within the Australian School of Business at the University of New South Wales in Sydney, Australia. E-mail: <jm.buchan@unsw.edu.au>.

Andrew Campbell is the Reader in International Business Law and Director of the Centre for Business Law and Practice in the School of Law at the University of Leeds, United Kingdom. E-mail: <a.campbell@leeds.ac.uk>.

Margreet B. De Boer is a Lecturer in Law at the University of Leiden, The Netherlands. E-mail: <mbdeboer@planet.nl>.

Dr. Sandra Frisby is the Baker & McKenzie Lecturer in Company and Commercial Law in the Law School at the University of Nottingham, United Kingdom. E-mail: <sandra.frisby@nottingham.ac.uk>.

Dr. Armin J. Kammel is an expert in banking law and capital markets, working for the Austrian Association of Investment Fund Management Companies (VOEIG) in Vienna, Austria. E-mail: <armin.kammel@voeig.at>.

Andrew Keay is the Professor of Corporate and Commercial Law in the Centre for Business Law and Practice in the School of Law at the University of Leeds, United Kingdom. E-mail: <A.R.Keay@leeds.ac.uk>.

Donna McKenzie Skene is a Senior Lecturer in the School of Law at the University of Aberdeen, United Kingdom. E-mail: <d.w.mckenzie@abdn.ac.uk>.

Dr. Rosalind Mason is a Professor and Head of School of the School of Law at the Queensland University of Technology in Brisbane, Australia. E-mail: <rosalind.mason@qut.edu.au>.

Dr. David Morrison is a Senior Lecturer in the TC Beirne School of Law at The University of Queensland in St Lucia, Australia. E-mail: <d.morrison@uq.edu.au>.

Harry Rajak is Professor Emeritus in the Sussex Law School at the University of Sussex in Brighton, United Kingdom. E-mail: <h.h.rajak@sussex.ac.uk>.

Janis Sarra is the Associate Dean and Professor in the Faculty of Law at the University of British Columbia in Vancouver, Canada as well as Director of the National Centre for Business Law. E-mail: <sarra@law.ubc.ca>.

Leonie Stander is a Professor in the Law Faculty at the Potchefstroom Campus of the North-West University, South Africa. E-mail: <Leonie.Stander@nwu.ac.za>.

Paul Torremans is the Professor of Intellectual Property Law in the Law School at the University of Nottingham, United Kingdom. He is also a member of the Department of Private International Law at the Faculty of Law in the University of Ghent, Belgium. E-mail: <paul.torremans@nottingham.ac.uk>.

Stefan van Eck is a Professor in the Department of Mercantile Law in the Law Faculty at the University of Pretoria, South Africa. E-mail: <stefan.vaneck@up.ac.za>.

Adrian Walters is Geldards LLP Professor of Corporate and Insolvency Law in the Nottingham Law School at Nottingham Trent University, United Kingdom. E- mail: <adrian.walters@ntu.ac.uk>.

Bob Wessels is the Professor of Commercial Law in the Law Faculty at the Vrije University in Amsterdam, The Netherlands. He is also the Distinguished Adjunct Professor of Comparative and International Insolvency Law at St. John's University School of Law, New York, United States. E-mail: <bwessels@bobwessels.nl>.