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Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime - Commonwealth and US Perspectives (Hardcover)
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Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime - Commonwealth and US Perspectives (Hardcover)
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This book covers the pressing issues of cross-border cases
involving admiralty and bankruptcy law. For example, what should
happen when a shipowner files an insolvency proceeding in one
country, while at the same time facing an in rem action against its
vessel in another country? Should the in rem action arising in one
country be stayed or dismissed because of the existence of
insolvency proceedings in another country? The book discusses the
relevant issues regarding the treatment of maritime creditors
throughout insolvency proceedings, the determination of the 'centre
of main interest' of an offshore shipping company, and the scope of
a debtor's assets. The author uses a comparative law analysis,
selecting four leading shipping countries - Australia, the UK, the
US, and Singapore - and examines their approaches to the above
three problems when applying the UNCITRAL Model Law regime. The
book also proposes a solution to help eliminate the ambiguity
arising from maritime cross-border insolvency cases under the
UNCITRAL Model Law regime, with a view to enhancing the development
of the shipping industry.
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