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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

03 JAN 2013

INSOL news: INSOL Academics' Group newsletter by Professor Fletcher

"Update on plans for The Hague in 2013



15th Colloquium of the Academics’ Group: The Hague, May 18-19, 2013. Second Call for Papers.


15th Colloquium of the Academics’ Group: The Hague, May 18-19, 2013. Second Call for Papers.

I am pleased to report that, following my first Call for Papers in the September Newsletter, there has been a

steady flow of offers of papers for inclusion in the programme for our forthcoming colloquium in May 2013. Over

a dozen papers have already been proposed and accepted in principle, and several other potential speakers

have indicated that they are working on ideas for papers which should reach fruition early next year. It is clear

that we will have the necessary ingredients for a full, 2-day colloquium and I encourage as many of you as

possible to join us at The Hague for what promises to be a lively and topical meeting. I also wish to assure

those who are still contemplating the possibility of presenting a paper that I am still able at this stage to receive

your proposals, and accordingly this



Second Call

is specially aimed at you! But please make contact as soon

as possible so that the programme can be finalised early in the New Year. For your information, here is the list

of topics on which it was agreed that we would try to build the colloquium programme for 2013:



Revision of the EU Insolvency Regulation



New ideas and emerging best practices in the treatment of individual insolvency (including, but not

limited to: issues concerning consumer bankruptcy; court-based versus administrative procedures;

repayment plans – vices and virtues)



Secured transactions: perils and pitfalls



Sovereign debt in the 21st

Century: challenge and response



Special focus on Eastern European insolvency issues



Joint session with the INSOL Fellows and participants in the GIPC course in 2013



Research Forum (see below)



Caribbean Insolvency Issues

As can be seen from the draft programme set out below, there has already been a good response on several of

the listed topics, and some additional topics have been accepted for inclusion. Please feel welcome to contact

me to explore your ideas for a paper (which could be a joint venture with one or more collaborators).

2. Provisional Programme for our 2013 colloquium at The Hague



Revision of the EU Insolvency Regulation:

Dr Irit Mevorach (Nottingham University): “The revision of the EU Insolvency Regulation:

accommodating corporate groups”.



Personal Insolvency Topics:

David Morrison (Queensland University): “Personal insolvency - Rethinking approaches”.

Professor Lienne Steyn (University of Kwazulu-Natal): “Repayment plans”.

Donna McKenzie-Skene (Aberdeen University): “Scottish reforms of personal insolvency law”.

Trish Keeper (Victoria University of Wellington): “Individual insolvency: the impact of the New Zealand

“no-asset” procedure”.

Professor Adrian Walters ( Chicago-Kent College of Law): Panel discussion on the World Bank’s

project on the insolvency of natural persons.



Secured transactions: perils and pitfalls:

Peter DeClerq (Brown Rudnick, London): “How secure is your security?”

Dr. Colin Anderson (Queensland University of Technology): “Secured transactions” (final title tbc)



Special focus on Eastern European insolvency issues:

Lavinia Iancu (Miriana Mircov Relicons SPRL): “A new insolvency code in Romania”.



Regulatory issues:

Dr. Sulette Lombard, Vivienne Brand and Jeff Fitzpatrick (Flinders University): “Australian

developments in the regulation of litigation funders”.



Professor Anil Hargovan (University of New South Wales) and Professor Gerard McCormack

(University of Leeds): “Australia and the international insolvency paradigm”.



Dr. Juanitta Calitz (University of Johannesburg): “Teaching insolvency law – a follow-up to the Brisbane


In addition to the topics already listed, as announced in the September Newsletter we are also planning once

again to devote a session of the programme to a joint meeting with the participants on the INSOL Global

Insolvency Practice Course, at which INSOL Fellows who have successfully completed the GIPC in previous

years will join in presenting papers on agreed topics.

There will be a session entitled “Research Forum”, providing an opportunity for those currently undertaking a

research project (including PhD students currently engaged in Doctoral studies) to deliver a brief account of

their work, and to generate discussion. Please contact the chairman (as some have already done) if you wish to

be included in the arrangements for this session, or if you are supervising a PhD student who could speak

about his/her research in progress.

Please make contact at





3. A post-colloquium conference?

Many of those attending the colloquium at The Hague will have travelled a considerable distance in order to do

so, and will no doubt wish to maximise the academic benefits from their overseas travels. Some will be planning

to attend the main INSOL Quadrennial Congress which follows on immediately after our meeting. Our esteemed

colleague Professor Bob Wessels (Leiden University) has made the following proposal for those (including PhD

students who have been enabled to join the colloquium) who may not be able to stay for the INSOL Congress

but who would nevertheless like to combine a visit to Amsterdam with some additional academic networking

and discussion. Bob is the Chair of the



Netherlands Association for Comparative and International Insolvency




, which is very active to promote the interest for and the knowledge of comparative and

international insolvency law. The association holds conferences and organises lectures or courses, promotes

student initiatives and the publication and distribution of articles and reports. Presently the Association has over

140 members, among whom are some 20 law professors and PhD researchers. For more information about the

Association go to




. Bob has suggested that NACIIL will organise a conference on Monday 20

May 2013, after the INSOL Academics’ colloquium (Saturday 18-Sunday 19 May) has been concluded. As that

colloquium is to be held in The Hague NACIIL can arrange for travel on the Monday morning to the place

where the NACIIL conference will be held (Leiden: 20 minutes from The Hague; 20 minutes from Schiphol

airport; or Amsterdam (40 minutes from The Hague; 10 minutes from the airport). The idea would be a

programme of some 3 to 4 hours on two or three topics to be agreed upon. In the first instance, Bob and I would

like to know whether there is sufficient interest in such an additional conference. I would be pleased to hear

from you, preferably before 21 January 2013.

I look forward to seeing as many as you as are able to make the journey to The Hague in May 2013. We shall

hold our regular annual business meeting during the colloquium, during which we shall discuss plans for future

events. Please feel welcome to contact me in advance if you wish to have any matter of business included on

the agenda of the meeting.



Meanwhile, I conclude with warm good wishes for the end-of-year festivities,

and for a peaceful and productive year in 2013.

Best wishes

Ian Fletcher"

15th Colloquium of the Academics’ Group: The Hague, May 18-19, 2013. Second Call for Papers.

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