News overview

Successful Research Seminar

Research Seminar 14(1)GW.jpgIn the afternoon of 12 December 2014, the second annual Research Seminar of TRI Leiden took place at Leiden Law School. At this event students, academics and lawyers with an interest in International Turnaround, Rescue & Insolvency joined to discuss the research projects in which TRI Leiden is involved.

 

Professor Bob Wessels chaired the Research Seminar, and discussed the development of the JudgeCo Principles and Guidelines, as well as the recent judicial trainings of the JudgeCo Project (see this item).

Bernard Santen introduced the development of a Statement of Principles and Guidelines for Insolvency Office Holders (IOH Project). He discussed several of the Principles that were developed and how they work out in practice. The IOH Project was finalised last October and accepted at INSOL Europe’s conference in Istanbul. 

Mark Fidder, a recently graduated student, shared some insights he gained in writing his highly rewarded master thesis on conflict of interest involving liquidators, which was supervised by professors Wessels and Römermann (Humboldt University Berlin). He discussed some recommendations to deal with conflict of interest and related it to the Amended European Insolvency Regulation as agreed by the EU Ministers of Justice early December 2014.

Bank Insolvency Law and Business Rescue

Lynette Janssen discussed the research project she works on called 'A new Bank Insolvency Law for China and Europe', in which professors Matthias Haentjens and Bob Wessels are also involved in. They study how a a modernized bank insolvency regime for China and the EU can best be achieved. A conference will take place in Beijing, March 2015, to discuss the latest findings with their Chinese colleagues. This project is funded by the Koninklijke Nederlandse Academie voor Wetenschappen (Royal Dutch Sience Academy). Another project on international insolvency is called ‘Rescue of Business in Insolvency Law’. This project, presented by Gert-Jan Boon, was instigated by the European Law Institute. The project aims to develop a set of rules to facilitate a better shared European framework for the rescue of distressed businesses.

Foreign Speakers

There were two guest speakers from abroad, discussing two interesting research subjects. First of all was Friederike Dorn from the University of Heidelberg. Friederike Dorn from the University of Heidelberg. Friederike is doing a Ph.D. study on comparative insolvency law and property law. She makes a comparison of German, French, Belgian and Dutch Law on the position of the insolvent debtor inheriting an estate, and is in Leiden to do research on Dutch law.

Last one to speak before professor Wessels closed the seminar was Professor H.G. Parsa of the University of Denver. Together with one of our colleagues at TRI Leiden, Dr Jean-Pierre van der Rest, he has been doing research on 'A Business Perspective on Corporate Insolvency: Why Restaurants fail?'. It gave an interesting insight in the business perspective on companies in distress and chances for a turnaround or rescue. The seminar has led to fruitful discussions on Turnaround, Rescue and Insolvency from a wide range of perspectives.


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