Maritime cross-border insolvency under the UNCITRAL model law regime : Commonwealth and US perspectives /
Jingchen Xu.
- First edition.
- 1 online resource.
Includes bibliographical references and index.
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.
Abstract freely available; full-text restricted to individual document purchasers.
"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"--
Mode of access: World Wide Web.
9781509936014 9781509936007 9781509935987
10.5040/9781509936014 doi
United Nations Commission on International Trade Law.
Conflict of laws--Bankruptcy--Commonwealth countries. Conflict of laws--Bankruptcy--United States. Conflict of laws--Maritime law--Commonwealth countries. Conflict of laws--Maritime law--United States. Bankruptcy. Maritime law. International maritime law