CiNii Books - Maritime cross-border insolvency under the UNCITRAL model law regime : commonwealth and US perspectives

This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries - Australia, the UK, the US, and Singapore - and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry.

Table of Contents

1. Introduction 2. Bankruptcy Law: Fundamental Aims and Relevant Prominent Principles I. Fundamental Aims of the Law of Insolvency II. Liquidation and Reorganisation III. Stay of Proceedings IV. Secured Creditors and Unsecured Creditors 3. Cross-Border Insolvency: Theoretical Divergence and Its Status Quo I. The Problem with Cross-Border Insolvency II. Theoretical Divergence III. The Evolution of Theories and the Status Quo 4. The UNCITRAL Model Law I. Access II. Recognition III. Relief IV. Co-operation and Co-ordination 5. Maritime Claims: Characteristics, Secured Status and Enforcement Methods I. Maritime Liens II. Statutory Rights of Action in Rem III. Ship Mortgages IV. Conflict of Laws V. Enforcement of Maritime Claims 6. Key Conflicts between the UNCITRAL Model Law and Maritime Practice I. Treatment of Maritime Creditors under the UNCITRAL Model Law Regime II. Determination of the Centre of Main Interest III. Scope of Debtor's Assets 7. Australia I. Overview II. The Regime of Insolvency and the Secured Status of Maritime Claims in Australia III. Cross-Border Insolvency in Australia IV. Attitudes of the Courts Toward in Rem Actions and the Personification Doctrine in Australia V. Status of Chartered Vessels in Cross-Border Insolvency VI. Summary 8. United Kingdom I. Overview II. The Insolvency Act 1986 and the Secured Status of Maritime Claims in the UK III. Cross-Border Insolvency in the UK IV. Courts' Attitudes Toward in Rem Actions and the Personification Doctrine in the UK V. Status of Chartered Vessels in Cross-Border Insolvency VI. Summary 9. United States I. Overview II. The Bankruptcy Code of the United States III. Cross-Border Insolvency in the United States IV. US Attitude Towards in Rem Actions and the Personification Doctrine V. Status of Chartered Vessels in Cross-Border Insolvency VI. Summary 10. Singapore I. Overview II. The Regime of Insolvency and Secured Status of Maritime Claims in Singapore III. Cross-Border Insolvency in Singapore IV. Courts' Attitudes Towards in Rem Actions and the Personification Doctrine in Singapore V. Status of Chartered Vessels in Cross-Border Insolvency VI. Summary 11. Policy Reflections on the Treatment of Maritime Creditors under the UNCITRAL Model Law Regime I. Maritime Liens II. Statutory Rights of Action in Rem III. Ship Mortgages IV. Conflict of Laws V. Summary 12. Policy Reflections on the Determination of the Centre of Main Interest and the Scope of Debtor's Assets I. Determination of the Centre of Main Interest of Shipping Companies II. Scope of Debtor's Assets III. Summary

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Maritime cross-border insolvency under the UNCITRAL model law regime : commonwealth and US perspectives

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