Maritime cross-border insolvency under the UNCITRAL model law regime : Commonwealth and US perspectives / Jingchen Xu.
2020
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Details
Author
Title
Maritime cross-border insolvency under the UNCITRAL model law regime : Commonwealth and US perspectives / Jingchen Xu.
Edition
First edition.
Imprint
Oxford, UK ; Hart Publishing, an imprint of Bloomsbury Publishing, 2020.
Distributed
[London, England] : Bloomsbury Publishing, 2020.
Description
1 online resource
Formatted Contents Note
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.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available Note
Also published in print.
System Details Note
Mode of access: World Wide Web.
Source of Description
Description based on print version record and CIP data provided by publisher; resource not viewed.
Location
www
Available in Other Form
Print version: Xu, Jingcheng (Writer of Maritime insolvency). Maritime cross-border insolvency under the UNCITRAL model law regime Oxford, UK ; New York, NY : Hart Publishing, an imprint of Bloomsbury Publishing, 2020.
Access Note
Abstract freely available; full-text restricted to individual document purchasers.
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
ISBN
9781509936014 (ebook)
9781509936007 (epub)
9781509935987 (PDF)
9781509935987 (ePDF)
9781509942619 (print)
1509936009 (print)
1509935983 (print)
9781509935994 (hardback)
9781509936007 (epub)
9781509935987 (PDF)
9781509935987 (ePDF)
9781509942619 (print)
1509936009 (print)
1509935983 (print)
9781509935994 (hardback)
Record Appears in