Commentary on papers by Professor Fletcher and Mr Martin
Mason, Rosalind F. (2014) Commentary on papers by Professor Fletcher and Mr Martin. In Perram, N. (Ed.) International Commercial Law and Arbitration: Perspectives. Sydney University Press, Sydney, Australia, pp. 135-144.
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In light of the time available today, I will limit my comments to addressing that aspect of Professor Fletcher’s paper in which he refers to the 2012 report he co-authored with Professor Wessels of the Netherlands for the American Law Institute (ALI) and the International Insolvency Institute (III) on Transnational Insolvency: Global Principles for Cooperation in International Insolvency Cases.
I will comment on the potential benefits for Australian courts as well as insolvency administrators and their advisers in referring to the ALI-III Report - in light of Australia’s adoption of the UNCITRAL Model Law.
In so doing, I would like to acknowledge the support of the Australian Academy of Law, under the leadership of The Hon Dr Kevin Lindgren for the research project underpinning these comments, as well as to acknowledge the contributions of my colleagues Associate Professor Sheryl Jackson and Mark Wellard.
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|Item Type:||Book Chapter|
|Keywords:||International Insolvency, Global Principles, Court-to-Court Communications, Global Rules on Conflict–of-Laws|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)|
|Divisions:||Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Deposited On:||03 Apr 2014 03:29|
|Last Modified:||22 Dec 2015 07:51|
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