Judicial cooperation in cross-border insolvency: theory and practice
This seminar provides a rare opportunity to hear from Justice Black and Justice Markovic about how courts and individual judges work together with courts and judges from other jurisdictions in cross-border insolvency cases.
The approach to cross-border insolvency cases is addressed in documents such as the UNCITRAL Model Law on Cross-Border Insolvency and the Judicial Insolvency Network Guidelines. Whilst much has been written about these documents, less is widely known about how judicial cooperation in insolvencies that involve a company with assets in multiple jurisdictions or in which a company’s assets are commingled with the assets of a foreign company works in practice. Justice Black and Justice Markovic will talk about how judicial cooperation in these circumstances works in practice in their respective jurisdictions.
The panel, chaired by Elisa Holmes and including Christina Trahanas, both of whom have appeared in a number of cross-border insolvency cases, will also address fundamental concepts and principles such as universalism, sovereignty, procedural fairness and the “rule in Antony Gibbs” that underly and inform the approach to judicial cooperation in these cases.
|Date & Times
|Wednesday, July 26, 2023 at 5:00pm - 6:00pm
|Substantive Law, Practice and Procedure, and Evidence
This CPD will be held in person at the NSW Bar, Common Room.