Bankruptcy law : fundamental aims and relevant prominent principles -- Cross-border insolvency : theoretical divergence and its status quo -- The UNCITRAL model law -- Overview of maritime law -- Key conflicts between the UNCITRAL model law and maritime practice -- Australia -- United Kingdom -- United State -- Singapore -- Policy reflections on the treatment of maritime creditors under the UNCITRAL model law regime -- Policy reflections on the determination of the centre of main interest and the scope of debtor's assets.
Summary:
"This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors in the insolvency proceeding, the determination of the "centre of main interest" of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries - Australia, the UK, the US, and Singapore - and examining their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity that occurred in maritime cross-border insolvency cases under the UNCITRAL Model law regime, with an eye to enhancing the development of the shipping industry"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.