Insolvency Restructuring and Creditors' Rights Projects
The Section on Insolvency, Restructuring and Creditors Rights has become known and respected internationally for its groundbreaking projects in insolvency law reform and harmonisation. These efforts have set a standard for the work of important policymaking organisations and opinion leaders throughout the world. They also have been cited in opinions issued by bankruptcy courts and utilised by practitioners in notable cross-border disputes. The Section has had a significant impact on the practice of cross-border insolvency law, and the Section has been integrally involved in the development of insolvency legislation that has been enacted into law around the world. Click on the following links for more information on Section projects:
Report by the IBA Task Force on Extraterritorial Jurisdiction (2009)
The report authored by the IBA Legal Practice Division Task Force on Extraterritorial Jurisdiction (2009) is
now available for purchase in the IBA shop, in book format, at £25. The Task Force was formed to focus on two important questions:
- When should a state be able to regulate persons or conduct occurring outside its territory?
- How should overlaps or conflicts of jurisdiction between two or more states be resolved?
The report responds to these questions by laying out the principles governing extraterritoriality, and by providing recommendations for governments, courts, international organisations and businesses on methods for minimising costs and conflicts associated with extraterritorial exercises of jurisdiction. The report focuses in particular on competition and antitrust law, tort law, criminal law, securities law, insolvency law, bribery and corruption.
The
pdf version of the report is available for download, free of charge.