Project

EU JudgeCo Principle 17 - Independent Intermediary

17.1. Courts should consider the appointment of one or more independent intermediaries within the meaning of Principle 17.2, to ensure that an international insolvency case proceeds in accordance with these EU JudgeCo Principles. The court should give due regard to the views of the insolvency practitioners in the pending insolvency cases before appointing an intermediary. The role of the intermediary may be set out in a protocol or an order of the court.

17.2. An intermediary:

  1. Should have the appropriate skills, qualifications, experience and professional knowledge, and should be fit and proper to act in an international insolvency proceeding;
  2. Should be able to perform his or her duties in an impartial manner, without any actual or apparent conflict of interest;
  3. Should be accountable to the court which appoints him or her;
  4. Should be compensated from the estate of the insolvency case in which the court has jurisdiction.

Comments