Abstract
This article outlines a proposal on principles for future Dutch legislation on international Insolvency law in relation to foreign insolvency proceedings held in so-called third countries (i.e. non-EU states). It commences with an overview of the current status of the Dutch national private international law rules in respect of jurisdiction in, the applicable law to and the recognition of foreign insolvency proceedings and related actions held in third countries. Other than three scant provisions in the Dutch Bankruptcy Act, there is no legislation in relation to international insolvency law regarding foreign non-EU insolvency proceedings and the current rules are all based on case law, culminating in the Yukos case decided by the Dutch Supreme Court. Subsequently, the author, inspired by such Dutch case law, previous proposals on international insolvency law in the Netherlands like the 2007 legislative pre-proposal of the Kortmann Committee on insolvency, the UNCITRAL Model Laws and the various proposals put forward in Dutch legal literature, outlines a proposal on principles for legislative rules on (indirect) jurisdiction in, the applicable law to and the recognition of foreign (non-EU) insolvency proceedings.
Translated title of the contribution | Outline for a statutory regime on domestic rules on international insolvency law: Jurisdiction for, applicable law to, and recognition of 'third state' insolvency proceedings and ancillary actions. |
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Original language | Dutch |
Article number | 335 |
Pages (from-to) | 208-226 |
Number of pages | 19 |
Journal | Nederlands Internationaal Privaatrecht |
Volume | 2022 |
Issue number | 2 |
Publication status | Published - 2022 |
Externally published | Yes |