Recognition of Restructuring Plans under the UNCITRAL Model Law on Cross-Border Insolvency

Name: Recognition of Restructuring Plans under the UNCITRAL Model Law on Cross-Border Insolvency
Brand: Nomos Verlags GmbH
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By Abbas Abbasov

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Description

This doctoral thesis analyses the recognition of restructuring plans under the MLCBI, focusing on two jurisdictions: England and the US. It contrasts the Gibbs rule with the approach followed under Chapter 15 and seeks to develop a balanced framework that reconciles the interests of the debtor and dissenting foreign creditors. Unlike the Gibbs rule, this framework does not make the recognition of a debt discharge in foreign restructuring proceedings conditional upon the debtor's restructuring being conducted under the law governing that debt. Instead, it focuses on the assessment of substantive fairness at the recognition stage as part of the "adequate protection" safeguard under the MLCBI to ensure the fair treatment of foreign creditors.

Product details

Binding:: Paperback
Edition:: 1
Number of Pages:: 245
Release Date:: 2026-01-20
Publication Date:: 2026-01-20
Publisher:: Nomos Verlags GmbH
Languages:: Original: English
ISBN10:: 375603612X
ISBN13:: 9783756036127
GPSR Manufacturer Reference:: [email protected]
Weight:: 360 g
Height:: 152 cm
Width:: 225 cm
Thickness:: 15 cm

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