Project

Insolvency Protocols Project

In various sources, e.g. INSOL Europe’s European Communication & Cooperation Guidelines for Cross-Border Insolvency (2007)[1], the  American Law Institute and the International Insolvency Institute publication: Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases (2012)[2], the 2015 text of the EIR-Recast,[3] and both the Leiden Law School IOH-project[4] and the JudgeCo project[5], we find referrals to ‘agreements and protocols’.[6] During international training-sessions for judges on the JudgeCo project by the end of 2014, the LLS-team received several questions on the meaning of a protocol within the framework of international insolvencies. It appeared to be an obscure phenomenon. The LLS team promised to conduct a study on the subject with disclosure of materials and other relevant studies on the TRI-Leiden website. The ‘Leiden-Protocol Project’ was born.

Databases

Over the past few months, our intern, Fabian van de Ven, has made a survey of digital literature concerning protocols he came across during his research. In another database, he collected all protocols he found on the internet.[7] 

At present, Fabian is doing research on the essential content of protocols. The results of this study will be published later on our website.

Request

We request all readers of our website to comment on Fabian’s findings, in order to complete and update the databases. If you have any new protocols or other information which you want to share with other international insolvency adepts, please send your information to info@tri-leiden.eu.  

 


[1] Guidelines 2.1, 12.4, 12.5, 16.2, 16.5, 18.

[2] Principles 2.1, 23.3, 23.4, 26.1, 26.2, 27.1, Guideline 10.

[3] Recital 49, Articles 41(1), 42(3.e), 56(1), 57(3.e).

[4] The INSOL-Europe assigned project to draft a Statement of Principles and Guidelines for IOHs in Europe. The project was finalised in October 2014.

[5] The project, co-funded by the Civil Justice Programme of the European Union and the International Insolvency Institute (III), to establish EU Cross-Border Insolvency Court-to-Court Cooperation Principles and EU Cross-Border Insolvency Court-to-Court Communication Guidelines.

[6] IOH Statement, Guideline 6.1; JudgeCo Principles 4.1, 16.5, 17.1, 19.1, 19.4 and JudgeCo Guideline 10.

[7] With special thanks to the website of the International Insolvency Institute, www.iiiglobal.org.