LAWS6084

International Insolvency Law

10 Units

This course provides an advanced understanding of international insolvency law, that is, the legal rules and principles that apply where an insolvent company has assets or enterprise groups in more than one country. The application of these legal rules and principles are analysed by reference to various case studies drawn from different countries and regions. The course also considers recent regional transnational insolvency rules and efforts at international regulation such as the UNCITRAL Model Law and European Union Regulation 1346/2000.

Faculty Faculty of Business and Law
School Newcastle Law School
Availability

Not currently offered

Objectives

On successful completion of this course, students will be able to:

  1. Demonstrate advanced understanding and specialised knowledge of the legal rules, principles and institutions that regulate international insolvency.
  2. Demonstrate advanced knowledge of the theories and policies underlying the legal rules, principles and institutions that regulate international insolvency.
  3. Apply specialised knowledge of key international agreements in the field of international insolvency including the UNCITRAL Model Law on Cross Border Insolvency.
  4. Critically analyse and evaluate key policy debates surrounding the impact of legal rules and principles regarding cross-border insolvency.
Content

The topics in this course include the following:

  1. Introduction to insolvency law
  2. The causes of insolvency
  3. Comparative analysis of international systems of insolvency.
  4. Proceedings from an international perspective: modified universalism versus territoriality.
  5. The Model Law on Cross-Border Insolvency
  6. The role and position of trustee/administrator in cross-border insolvencies
  7. Judicial responses to application of the Model Law on Cross-border insolvency
  8. Financial Institutions and Insurance
  9. The importance and role of centre of main interests
  10. Director’s liabilities and cross-border insolvency
Replacing Course(s) N/A
Transition N/A
Industrial Experience 0
Assumed Knowledge There is no assumed knowledge for this course.
Modes of Delivery Internal Mode
Teaching Methods Seminar
Assessment Items
  • Essays / Written Assignments - Problem based written assignment
  • Essays / Written Assignments - Research Essay
Contact Hours
  • Seminar: for 6 hour(s) per Week for 4 weeks
Compulsory Components
  • Requisite by Enrolment: This course is only available to students enrolled in the Master of Laws program.
Course Materials None listed
Timetable 2015 Course Timetables for LAWS6084

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