News overview

Business Rescue Report adopted by ELI

On 6 September 2017, during the General Assembly and Annual Conference of the European Law Institute (ELI), the report ‘Rescue of Business in Insolvency Law’ was presented and subsequently approved by an overwhelming majority. The Report’s ten Chapters contains recommendations on a variety of themes affected by the rescue of financially distressed businesses. In total, the Report consists of some 115 recommendations explained on more than 375 pages.

ELI General Assembly 2017: Discussing Business Rescue

The Project on the Rescue of Businesses in Insolvency Law of the European Law Institute (ELI), led by Professors Bob Wessels and Stephan Madaus, is progressing quickly. They have been working on some tangible results following — among other things — extensive reports on national and international frameworks for business rescue by (national) experts.
 

Improvements in restructuring and insolvency systems across Europe

The Conference of European Restructuring and Insolvency Law (CERIL) is an independent non-profit, non-partisan, self-supporting organisation of approximately 75 lawyers and other restructuring and insolvency practitioners, law professors and (insolvency) judges committed to the improvement of restructuring and insolvency laws and practices in the European Union and in its Member States and their operation.

Several translations of the EU JudgeCo Principles and Guidelines available

The EU Cross-Border Insolvency Court-to-Court Cooperation Principles (‘EU JudgeCo Principles’) will be familiar for many of the readers of the TRI newsletter. As of 26 June 2017, in the EU (with the recast of the Insolvency Regulation) judicial cooperation and communication will be a cornerstone in the efficient and effective administration of insolvency cases.

 

Newsletter June 2017

This newsletter provides an update on the various activities of the Turnaround, Rescue and Insolvency Leiden research team. We study and bring into practice turnaround management, business rescue and insolvency law. With our international and multidisciplinary perspective we aim to promote both efficient and effective business rescue and insolvency proceedings, and to enhance trust in the market.

 

Recognition of research performed by TRI Leiden

Recently professor Reinhard Bork (Hamburg), published his book Principles of Cross-Border Insolvency Law (Intersentia, 2017, ISBN 978-1-78068-430-7)). The thesis of the book is rather novel, in that it analyses cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, etc) that are founded on, and can be traced back to, basic values.

The importance of price

The price of products and services plays an enormous role in society, and therefore also in the legal domain, according to Professor Jean-Pierre van der Rest of Business Studies, at his Inaugural lecture on 2 June 2017. The title of Van der Rest's inaugural lecture is 'The importance of price'. Developments in business science and their implications for the law point to three very different areas in which price plays a role in a legal context: increasing competition in the legal sector, disputes about price in case law and opportunities for academic research on the consequences of legal measures relating to price. 

 

Routledge Companion to Turnaround Management and Bankruptcy

Professors Jan Adriaanse and Jean-Pierre van der Rest have completed an edited volume on Turnaround Management and Bankruptcy which was recently published by Routledge. A book written by leading experts in the field of business, law and finance, this edited volume brings together the latest thoughts and developments on turnaround management and business rescue from an academic, management, judiciary and turnaround/insolvency practitioner perspective.

Successful ELI Business Rescue Conference in Leiden

Over 30 academics, practitioners and judges participated in the ELI Business Rescue Conference, which took place on 16 and 17 November 2016 in Leiden (The Netherlands). The experts discussed insolvency and restructuring regimes in Europe as well as the draft recommendations of the Business Rescue Project.
 

Discussing Business Rescue in Cascais

From 21-22 September 2016, The INSOL Europe Academic Forum met in Cascais (Portugal). The Business Rescue in Insolvency Law project team of the European Law Institute was present with two research assistents.