Party Autonomy and Third-Party Protection in Insolvency Law

Papers from the INSOL Europe Academic Forum Annual Conference Athens, Greece, 3-4 October 2018

69356918_2596135720425106_922483357986586624_n - kopie (002)From 24 to 29 September 2019, the Inaugural YANIL Conference at 10 Years, the INSOL Europe Academic Forum and the INSOL Europe Annual Congress took place in Copenhagen, Denmark. The main topic of these conferences was the recently adopted European Restructuring Directive (what else?).

We will not try to summarise these discussions (a full report by Myriam Mailly, Jennifer Gant and Paul Omar will appear in the next edition of Eurofenix). We will try, however, to draw attention to the conference proceedings booklet of the Academic Forum 2018 which took place in Athens, Greece and which was published during this year’s conference. The topic of last year’s conference was “Party Autonomy and Third-Party Protection in Insolvency Law”, hence the title of this booklet.

The booklet was edited by Jennifer L.L. Gant (who will also be editing this year’s conference proceedings booklet) and is available for order on the website of INSOL Europe. The booklet consists of the following papers:

  • Permissibility of Contractual Opt-Out from Court-Driven Insolvency (Natalie Mrockova, University of Oxford, UK)
  • Antipodean Lessons from Ipso Facto Law Reform (David Brown, University of Adelaide, Australia)
  • Essential Contracts and Termination Clauses: the Case of Waste Management Licenses under English Corporate Insolvency Law (Eugenio Vaccari, Essex University, UK)
  • Third-Party Effectiveness of Retention of Title Agreements: Maintaining the Balance between Creditor-Owners and other Creditors in Bankruptcy Proceedings (Inge Van de Plas and Melissa Vanmeenen, University of Antwerp, Belgium)
  • Collateral Recovery and Non-Performing Loans: Impact, Appropriateness and Necessity of Harmonisation (Ben Schuijling, Vincent Van Hoof and Tom Hutten, Radboud University, the Netherlands)
  • The Impact of the Second Chance Approach on the Secured Creditors’ Rights in Cross-Border Insolvencies (Flavius-Iancu Motu, Judge, Romania)
  • The Road Towards Good Bankruptcy Governance: A Comparative Law and Economics Perspective (Frederik De Leo, KU Leuven, Belgium)
  • The Use and Abuse of Corporate Insolvency Rescue Procedures: A Contextual Evaluation of the United Kingdom and Cyprus (Kayode Akintola and Sofia Ellina, Lancaster University, UK)
  • Moving Shifts from COMI to Change in Governing Law: Future of Financial Restructuring? DTEK Case (Ohla Stakhyeva Bogovyk, Lawyer, Ukraine)
  • Absolute Priority Rule vs Gifting Doctrine (Tereza Vodickova, Lawyer, Czech Republic)
  • Clash of Principles: A New Approach to Harmonisation of Transaction Avoidance Laws? (Reinhard Bork, Universität Hamburg, Germany)

Frederik De Leo, a regular contributor to the Corporate Finance Lab, has recently published a short summary of his paper about good bankruptcy governance first on this blog and then on the Oxford Business Law Blog. Other authors are obviously very welcome to do the same.

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