Recent developments: Maritime law and insolvency law: Averting collisions?

Butler, Scott, Mason, Rosalind F., & Murray, Michael (2016) Recent developments: Maritime law and insolvency law: Averting collisions? Insolvency Law Journal, 24(1), pp. 70-75.

Abstract

Introduction: In the 2015 Federal Court decision in Yakushiji v Daiichi Chuo Kisen Kaisha , 4 the Court had to resolve a looming conflict between foreign (Japanese) liquidators appointed to Japanese shipping companies and potential claimants against their ships in Australian waters, and to have the ships arrested, pursuant to maritime liens. Orders were made recognising the Japa nese 'rehabilitation' proceedings as "foreign main proceedings" under the UNCITRAL Model Law on Cross-Border Insolvency (Model Law), 5 thereby giving the ships interim protection by way of a stay of proceedings by any claimants. But the Court was careful to say that this stay did not necessarily serve to determine or defeat any valid maritime lien subsequently claimed against the ships...

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ID Code: 95844
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Cross-border Insolvency Law and Practice, Insolvency Law, Maritime Law, Private International Law
ISSN: 1039-3293
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Conflict of Laws (Private International Law) (180107)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Trade Law (180117)
Divisions: Current > Research Centres > Commercial & Property Law Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2016 Thomson Reuters
Deposited On: 02 Jun 2016 05:59
Last Modified: 05 Jun 2016 04:49

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