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Research Handbook on Corporate Restructuring

Research Handbook on Corporate Restructuring

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781786437464
  • 出版时间 August 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
AU$558.13
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  • 描述 
  • 大纲 
  • 详细

    This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring.

    Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

    Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area.

    Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.

  • Preface xii
    1. Corporate rescue through the ages 1
    Paul J. Omar
    PART I. NATIONAL AND INTERNATIONAL MODELS FOR RESCUE
    2. International organisations and the search for global insolvency standards 17
    Gerard McCormack
    3. The evolution of corporate rescue in Canada and the United States 40
    Jassmine Girgis
    4. The idea of rescue and the Chapter 11 model 59
    Edward Janger
    5. Trust as a turnaround technique to influence the continuity versus asset recovery decision of restructuring bankers: An empirical tale 73
    J.A.A. Adriaanse and J.I. van der Rest
    6. Reforms in adverse economic climates: how reforms take place in the Eurozone 87
    Catarina Serra, Alexandra Kastrinou and Giulia Vallar
    PART II. STAKEHOLDERS IN INSOLVENCY
    7. Involving secured creditors in restructuring proceedings 120
    Francisco Garcimartín and Nuria Bermejo
    8. Potential liability for directors during corporate restructuring: comparative perspectives 143
    Jason Harris and Anil Hargovan
    9. Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers 166
    Jennifer L.L. Gant
    10. The position of shareholders in a restructuring 185
    Stephan Madaus
    11. Consumers, entrepreneurs and insolvency proceedings 201
    Tuula Linna
    PART III. CORPORATE STRUCTURES AND ORGANISATIONAL MODELS
    12. Corporate groups 214
    Jessica Schmidt
    13. Bank insolvency – recovery and resolution 228
    Andrew Campbell and Paula Moffatt
    14. Making insolvency law responsive to the needs of financially distressed micro and small enterprises 246
    Janis Sarra
    15. Franchisees as externalities of insolvent franchisors: a windfall gain for employees? 261
    Jenny Buchan
    16. Insolvent partnerships: development of a normative framework based on a contractual paradigm 278
    Rebecca Parry
    PART IV. SPECIALIST PROCESS ISSUES
    17. Insurance procedures in corporate insolvency: a comparison of the arrangements in the United Kingdom, Australia, and New Zealand 299
    Robin Bowley
    18. Pension rights and funds 327
    David Pollard
    19. Patent-rich firms and corporate restructuring: patent signalling, valuation, and governance 346
    Janice Denoncourt
    20. The impact of artificial intelligence on insolvency law and practice 377
    Christoph Henkel
    PART V. INSTITUTIONAL SUPPORT
    21. The realm of soft law instruments in restructuring and insolvency law 401
    Gert-Jan Boon and Bob Wessels
    22. Cross-border corporate restructurings, judicial assistance and judge-made law: New Zealand and Cayman Island experiences 430
    Hon. Paul Heath QC and Hon Justice Ian Kawaley
    23. Corporate insolvency practitioners: ethics and fiduciary duties 447
    Lézelle Jacobs
    PART VI. INTERDISCIPLINARY AND CROSS-FIELDS OF INSOLVENCY AND RESTRUCTURING
    24. Overlooked human rights concerns in the restructuring and insolvency context 466
    Chrystin Ondersma
    25. The role of social policy in corporate rescue and restructuring: a messy business 476
    Jennifer L.L. Gant
    26. Law and economics of corporate financial difficulty 500
    Jonathan Hardman
    27. A behavioural law and economics perspective on EU restructuring and
    insolvency law 513
    Annika Wolf
    28.
    The analytical boundary between corporate reorganisation and sale in corporate bankruptcy theory 525
    Sarah Paterson

    Index

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