The Law and Practice of Restructuring in the UK and US

Author: Christopher Mallon,Shai Waisman

Publisher: Oxford University Press

ISBN: 0199583773

Category: Law

Page: 489

View: 9482

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The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.
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Corporate Rescue Law--an Anglo-American Perspective

Author: Gerard McCormack

Publisher: Edward Elgar Publishing

ISBN: 1848445105

Category: Law

Page: 322

View: 8075

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. . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.
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Toward a Statutory Approach to Sovereign Debt Restructuring

Lessons From Corporate Bankruptcy Practice Around the World

Author: Mr. Patrick Bolton

Publisher: International Monetary Fund

ISBN: 1451891113

Category: Business & Economics

Page: 37

View: 4247

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This paper provides an overview of key elements of Corporate Bankruptcy Codes and Practice around the world that are relevant to the debate on Sovereign Debt Restructuring. It highlights four components common to most bankruptcy reorganization institutions: a stay on debt collection efforts to prevent a costly run for the assets, broad enforcement of absolute priority, majority voting among creditors on the proposed reorganization plan, and new higher priority financing to keep the firm going while its liabilities are restructured. The paper argues that these components ought to be present in any sovereign debt restructuring procedure.
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Seeking Asylum in the UK

Problems and Prospects

Author: Colin Harvey

Publisher: Cambridge University Press

ISBN: 9780406895929

Category: Law

Page: 345

View: 5863

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An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.
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The Law on Corporate Governance in Banks

Author: Iris H-Y Chiu,Michael McKee

Publisher: Edward Elgar Publishing

ISBN: 1782548866

Category: Law

Page: 384

View: 9400

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Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate secto
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The Oxford Handbook of Employment Relations

Author: Adrian Wilkinson,Geoffrey Wood,Richard Deeg

Publisher: OUP Oxford

ISBN: 0191651494

Category: Business & Economics

Page: 760

View: 3567

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There have been numerous accounts exploring the relationship between institutions and firm practices. However, much of this literature tends to be located into distinct theoretical-traditional 'silos', such as national business systems, social systems of production, regulation theory, or varieties of capitalism, with limited dialogue between different approaches to enhance understanding of institutional effects. Again, evaluations of the relationship between institutions and employment relations have tended to be of the broad-brushstroke nature, often founded on macro-data, and with only limited attention being accorded to internal diversity and details of actual practice. The Handbook aims to fill this gap by bringing together an assembly of comprehensive and high quality chapters to enable understanding of changes in employment relations since the early 1970s. Theoretically-based chapters attempt to link varieties of capitalism, business systems, and different modes of regulation to the specific practice of employment relations, and offer a truly comparative treatment of the subject, providing frameworks and empirical evidence for understanding trends in employment relations in different parts of the world. Most notably, the Handbook seeks to incorporate at a theoretical level regulationist accounts and recent work that link bounded internal systemic diversity with change, and, at an applied level, a greater emphasis on recent applied evidence, specifically dealing with the employment contract, its implementation, and related questions of work organization. It will be useful to academics and students of industrial relations, political economy, and management.
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The Transformation of Labour Law in Europe

A Comparative Study of 15 Countries 1945-2004

Author: Bob Hepple,Bruno Veneziani

Publisher: Bloomsbury Publishing

ISBN: 1847315356

Category: Law

Page: 412

View: 3176

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The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, 'The Making of Labour Law in Europe - A Comparative Study of Nine Countries up to 1945' to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker represntation.
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Torture as Tort

Comparative Perspectives on the Development of Transnational Human Rights Litigation

Author: Craig Martin Scott

Publisher: Bloomsbury Publishing

ISBN: 1847316808

Category: Law

Page: 776

View: 974

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The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.
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Antitrust and the Formation of the Postwar World

Author: Wyatt Wells

Publisher: Columbia University Press

ISBN: 0231502737

Category: Law

Page: 240

View: 4901

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Today antitrust law shapes the policy of almost every large company, no matter where headquartered. But this wasn't always the case. Before World War II, the laws of most industrial countries tolerated and even encouraged cartels, whereas American statutes banned them. In the wake of World War II, the United States devoted considerable resources to building a liberal economic order, which Washington believed was necessary to preserving not only prosperity but also peace after the war. Antitrust was a cornerstone of that policy. This fascinating book shows how the United States sought to impose—and with what results—its antitrust policy on other nations, especially in Europe and Japan. Wyatt Wells chronicles how the attack on cartels and monopoly abroad affected everything from energy policy and trade negotiations to the occupation of Germany and Japan. He shows how a small group of zealots led by Thurman Arnold, who became head of the Justice Department's Antitrust Division in 1938, targeted cartels and large companies throughout the world: IG Farben of Germany, Mitsui and Mitsubishi of Japan, Imperial Chemical Industries of Britain, Philips of the Netherlands, DuPont and General Electric of the United States, and more. Wells brilliantly shows how subsequently, the architects of the postwar economy—notably Lucius Clay, John McCloy, William Clayton, Jean Monnet, and Ludwig Erhard—uncoupled political ideology from antitrust policy, transforming Arnold's effort into a means to promote business efficiency and encourage competition.
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Gastrointestinal Tract Imaging E-Book

An Evidence-Based Practice Guide

Author: Julie Nightingale,Robert Law

Publisher: Elsevier Health Sciences

ISBN: 0702045497

Category: Medical

Page: 436

View: 3393

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This book offers a unique insight into the rapidly changing radiology service, and offers introductory chapters which provide the fundamental underpinning knowledge required for safe and effective GI practice. Subsequent chapters discuss the evidence base related to a range of imaging procedures suitable for investigation of upper and lower GI symptoms, supported by key pathology chapters. The book also explores the range of treatments available for the more common GI tract pathology. Multi professional authorship. Detailed evidence-informed explanations of a range of individual GI procedures, including suggestions for problem solving and adaptation of technique. With extensive illustrations, medical images, boxes and tables. References and further reading. /ul>
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