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I.F. Fletcher, Insolvency in Private International Law: National and International Approaches, Clarendon Press, Oxford1999, 465 pp. ISBN 019-825864-X

Published online by Cambridge University Press:  21 May 2009

André Berends
André Berends
Affiliation:
Ministry of Justice, The Netherlands
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Book Reviews
Information
Netherlands International Law Review , Volume 47 , Issue 3 , December 2000 , pp. 381 - 390
Copyright
Copyright © T.M.C. Asser Press 2000

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References

1. See, for instance, T.M. Bos, Grensoverschrijdend faillissementsrecht in Europees perspectief diss. Vrije Universiteit Amsterdam (2000) (with summary in English: ‘Cross-border Bankruptcies in European Perspective’).

2. Philip St. Smart, J., Cross-border Insolvency, 2nd edn. (London, Butterworths 1998).Google Scholar

3. For instance, at a colloquium, organised by Insol and UNCITRAL, held in Toronto in 1995, an Expert Committee's Report was distributed (not published), in which six categories of states were distinguished. Category 1 contained the most open states, category 6 the states that were the most closed. The Netherlands and Japan were the only two states in category 6

4. One should bear in mind that the term ‘bankruptcy’ under English law only refers to an insolvency proceeding for natural persons

5. See Cooper, N. and Jarvis, R., Recognition and Enforcement of Cross-Border Insolvency (Chichester, John Wiley and Sons Ltd. 1996), in which the laws on this point of 36 countries are described.Google Scholar

6. The word ‘anglo-centric’ is used by Fletcher himself (p. 108), in a rather pejorative way

7. Initiative of the Federal Republic of Germany and the Republic of Finland with a view to the adoption of a Council Regulation on insolvency proceedings, submitted to the Council on 26 May 1999, Official Journal C 221, 3 August 1999, pp. 8 et seq.

8. Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings, Official Journal L 160, 3006 2000, pp. 1–3.Google Scholar

9. Fletcher refers to this Explanatory Report as the ‘Virgos-Schmit-Report’, named after the two authors of the Report.

10. For the sake of brevity, I shall refer to this Convention/Regulation as ‘Convention’.

11. ‘Afkoelingsperiode’, Arts. 63(a), 241 (a) and 309 Dutch Bankrupty Act (DIA).

12. I leave aside the amendments of Arts. 63(a) and 241 of the Dutch Insolvency Act, which have been approved by the Dutch Government and that have been proposed to Parliament (TK 2000–01,27 469, no. 2b, sent to Parliament on 26 October 2000).

13. Brussels Convention of 27 September 1968, on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters,Official Journal L 299, 3112 1972, pp. 32–44; Civil Jurisdiction and Judgments Act 1982, Part 1.Google Scholar

14. European Court of Justice 22 02 1978, case 133/78, [1979] ECR 733 et seq. (Gourdain v. Nadler).Google Scholar