Global rules on conflict-of-laws matters in international insolvency law cases: An Australian perspective

Wellard, Mark Norman & Mason, Rosalind F. (2015) Global rules on conflict-of-laws matters in international insolvency law cases: An Australian perspective. Insolvency Law Journal, 23(1), pp. 5-30.

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Abstract

The 2012 Report “Transnational Insolvency: Global Principles for Co-operation in International Insolvency Cases” – commissioned by The American Law Institute in conjunction with The International Insolvency Institute – annexed 23 “Global Rules on Conflict-of-Laws Matters in International Insolvency Cases”. These proposed “Global Rules” are intended to “serve as legislative recommendations” to (inter alia) promote uniformity and greater certainty in the unpredictable area of conflict of laws. This article provides a brief commentary upon the 23 proposed Global Rules from an Australian perspective (comparing the effect and intent of each rule with the current Australian conflict-of-laws position) and offers some conclusions as to the merits of the “Global Rules” initiative.

Impact and interest:

2 citations in Web of Science®
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ID Code: 86778
Item Type: Journal Article
Refereed: Yes
Additional URLs:
ISSN: 1039-3293
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: © 2015 Thomson Reuters (Professional) Australia Limited
Deposited On: 24 Aug 2015 23:57
Last Modified: 30 Aug 2015 21:53

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