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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

12 JUL 2011

INSOL Academic Forum news and more from Dr Omar

Sussex University's Dr Paul Omar has circulated a comprehensive news summary of forthcoming events and papers soon to be published or held by the INSOL Academic Forum. Dr Omar notes:

"A – Launch of a Facebook Page

 The INSOL Europe Academic Forum has now acquired itself a page on Facebook. This may be found here. The page is intended to serve the Academic Forum as an outlet for information about conferences, including photographs of Academic Forum events as well as information about Academic Forum publications. Links to insolvency-related information will also feature.

B – Future Events (Reminder and Update)

 The Academic Forum’s two conferences in late 2011 are well on the way. The Annual Conference of the Academic Forum will precede INSOL Europe’s Main Conference in Venice in September, while the Fifth Joint Insolvency Conference will be held in St Helier on the island of Jersey in October. Registrations have already been received for both conferences, which are expected to be successful events.

1. Annual Conference 2011 (Venice, 21-22 September 2011)

The Academic Forum’s annual conference, traditionally held prior to the main conference, will take place on Wednesday 21 and Thursday 22 September. The sessions group together a number of topics featured in the Call for Papers, including the relationship of the European Insolvency Regulation to the UNCITRAL Model Law. Under this heading, the conference will hear papers from Gerry McCormack (Leeds) on the interaction between both texts, while Daniel Austin (Northeastern University Boston) will talk on Chapter 15 and cross-border insolvencies. Joining them will be Irit-Ronen-Mevorach (Nottingham) on the prospect of substantive harmonisation of insolvency laws in Europe in the wake of UNCITRAL's work on groups and directors duties and André Berends (Ministry of Finance, The Netherlands) on a topic to be advised. Cross-border regimes outside the EIR also receive a mention in proceedings with papers from Jessica Schmidt (Jena), Marie-Louise Lennarts (Utrecht) and Paul Omar (Sussex) on recent developments in German, Dutch and United Kingdom law respectively. The third substantive topic for discussion will be substantive harmonisation or convergence in Europe, with papers from Juanitta Calitz (Johannesburg) on a European perspective on sovereign insolvency law, Ron Harmer (University College London), assessing the insolvency regimes among EBRD client states, Alexander Schall (Hamburg) on the actio Pauliana, Roman Tomasic (Durham) on the issue of forum shopping versus harmonisation and Michael Schillig (King’s College London) on the contractualization of corporate insolvency law in Europe.

 Continuing the tradition begun in Stockholm in 2009, an expanded Young Academics Network (YAN) session this year will see contributions by five doctoral candidates, including Djuro Djuric (Saarland) on the relationship of Serbian insolvency law to European Union standardisation in insolvency, Ekaterini Sabatakakis (Littoral Côte d'Opale) on workers’ rights in insolvency, Bolanle Adebola (UCL) on receivership in Nigeria as well as Olga Lvova (Moscow Lomonosov) and Luigi Lai (Warsaw) on topics to be advised. As part of proceedings, there will be a report back on Academic Forum activities in 2010-2011 and a management board meeting to plan activities and identify themes for the Nottingham and Brussels conferences in 2012. Delegates will also attend a dinner on 21 September. Closing the conference will be the annual Edwin Coe Lecture. The Academic Forum is particularly pleased to announce that the 2011 lecture will be delivered by Professor Karsten Schmidt, President of the Bucerius Law School, Hamburg, Germany, on the interaction of insolvency law and corporate law with an especial focus on the German experience and the international background.

 Please note that the registration brochure for the Venice conference is available here, while on-line registration for the event is also possible here. A draft programme is also available here. NB. Full time academic members of INSOL Europe will in addition benefit from a substantially reduced main congress fee of just €600 (over 50% discount).


2. Joint Insolvency Conference 2011 (St Helier, Jersey, 14 October 2011)

 The Academic Forum’s Fifth Joint Conference will be a collaboration with the Jersey Institute of Law, which was founded to provide a focus for academic study and professional education in Jersey and Guernsey law and to nurture the legal heritage of the Channel Islands. The law on insolvency in the Channel Islands displays both its roots in the customary law of Normandy as well as influences from civil law developments in neighbouring France and, more lately, the influence, as far as corporate liquidation is concerned, of comparable rules in the United Kingdom. As a mixed jurisdiction, the laws in Jersey and Guernsey provide a fascinating insight into the juxtaposition of rules from different legal families with both civil and common law influences. The conference coincides with the 20th anniversary of the implementation of the Désastre (Jersey) Law 1990 and the passing of the Companies (Jersey) Law 1991, between which the major insolvency frameworks for individual and corporate debtors are contained.

The conference will focus on the genesis of the current framework for désastre in Jersey with a paper given by its architect, Sir Philip Bailhache (former Bailiff of Jersey). Attention will be given to the administration of désastre by Mike Wilkins (Viscount of the Royal Court), while a paper on reform initiatives proposed by the Law Commission in Jersey to both désastre and other customary law procedures will be delivered by Marcus Pallot (Advocate, Carey Olsen). An insight will also be given into insolvency from the Guernsey perspective by Jeremy Wessels (Advocate and Partner, Mourant Ozannes) as well as into practical aspects in relation to the functioning of the law with papers on the actio Pauliana by Sinead Agnew (Secretary, Institute of Law) and on the dégrèvement procedure by Mark Harris and Eloise Layzell (Associates, Mourant Ozannes). The conference will furthermore feature contributions from a number of overseas speakers with experience of law reform projects across the world, including Neil Cooper (Partner, ZolfoCooper), Harry Rajak (Sussex) and David Burdette (Nottingham Trent), who will provide views as to considerations that might inform any law reform or updating process. There will also be a round-table at the end of the conference proceedings inviting views as to considerations that might inform the process of law reform should this be undertaken. It is hoped, with the participation of members of the legal profession and judiciary as well as States members and other interested parties, that the outcomes of this conference could form a starting point for this review. Information on the Jersey conference is available here, with the brochure also containing registration information.


3. Joint Insolvency Conference 2012 (Nottingham, 28-29 June 2012)

Dates and a topic have been determined for a Joint Insolvency Conference in Nottingham in June 2012. The conference, organised jointly with the Nottingham Law School, will have as its theme: “Too Big to Fail? Large National and International Failures under the Spotlight”. The intention is to feature contributions from both invited speakers and members of the Academic Forum on how insolvency affects large corporations, banking and financial institutions as well as state and public bodies. A Call for Papers is expected to be issued soon. In the interim, expressions of interest are welcome, directed to David Burdette: <david.burdette@ntu.ac.uk>.


4. Conferences 2012-2013

Dates have been fixed for the annual conferences in 2012-2013. These will be held in Brussels on 10-11 October 2012 and Paris on 25-26 September 2013. Negotiations are currently taking place with colleagues in Portugal with view to hosting a half-year conference in Lisbon in April 2013.


C – Future Events (Cognate Organisations)

1.  Academy of European Law (Trier, 21-22 October 2011)

The Academy of European Law is organising a conference titled “ Cross-Border Insolvency Proceedings: The EU Insolvency Regulation: case law, legal practice and revision” to held in Trier. Key topics will include: the effects of the opening of insolvency proceedings; communication and cooperation between liquidators and courts; the impact of insolvency on cross-border security and rights in rem; restructuring and turnaround; enterprise groups in insolvency; and revision of the EU Insolvency Regulation. A number of the speakers will be familiar to those who regularly attend Academic Forum conferences and will include Stefania Bariatti, Bob Wessels, Gabriel Moss QC and Jean-Luc Vallens. On-line registration for this conference is available at: <http://www.era.int/?122348&en>.


2.  INSOL International Academics Group (Miami, 19-20 May 2012)

The 14th meeting of the INSOL International Academcis Group is being organised to coincide with the 2012 INSOL International regional conference in Miami. The academcis will meet on the weekend ahead of the main conference, on Saturday 19 and Sunday 20 May. A call for papers has been issued for the following themes:

The tension between integrity of process and maximization of value in asset realisations  (e.g. “stalking horse” arrangements; pre-packaged administrations)

The revision of the European Insolvency Regulation

Special focus on Latin-American insolvency issues

“Chapter 11 – Magnificent Obsession or Fatal Attraction?”

Consumer bankruptcy, (including reflections on the 2nd edition of the INSOL Consumer Debt Report, and on the problems relating to repayment plans)

Insolvency issues encountered in developing jurisdictions. Problems experienced by SME’s. The role of the international organizations (ADB; EBRD, OHADA, etc.)

 Intending participants are also welcome to submit proposals for papers which they would be prepared to present, if the topic is adopted. All proposals should be sent to Professor ian Fletcher, the Chair of the Group at: <i.f.fletcher@ucl.ac.uk> with the subject header in the e-mail noting: “Miami Conference 2012”.


D - Book Projects/Conference Reports

The Academic Forum is pleased to announce that the series of Technical Papers, inaugurated in 2009, has now been joined by a further volume representing contributions at the Vienna Conference (October 2010), edited by Bob Wessels and Paul Omar and titled “Insolvency and Groups of Companies”. Copies of the Vienna text will be made available at the Venice Conference. Professor Rebecca Parry of Nottingham Trent University is currently editing the conference collection for Milan 2011. It is anticipated that the Milan conference proceedings will be available in time for either the Venice of Jersey Conferences. Information about the series may be viewed here."

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