The course in International Insolvency Law (IIL) aims to give students profound knowledge and thorough insight in the theory and practice of insolvency law in a transnational and comparative context. The IIL course focuses on the concept of insolvency in a broad sense (including reorganization, out of court work-out, winding-up, pre-packs, bankruptcy) and the ways in which corporate insolvency is regulated by legislation or by other means, including instruments of soft law. The course will start with the introduction to a substantive side of insolvency law (principles, main actors, insolvency tests, etc.). The understanding of this “insolvency basics” will create a foundation for a more solid study of international (cross-border) insolvency law.
In this course the emphasis is placed on insolvency law in corporate practice (consumer insolvency may be referred to briefly) and the effectiveness of mechanisms for dealing with cross-border rescue or insolvency (liquidation) on a global scale, with an emphasis on the European Union. Recent results of cross-border collaboration will be dealt with on a general level, with practical case studies to illustrate them. The course will not be limited to the analysis of formal insolvency proceedings – it will also cover proceedings aimed at rescuing the business while it is still solvent, but experiences financial (liquidity) shortages. This will include the analysis of the EC Proposal for a Directive on Insolvency, Restructuring and Second Chance (2016).
Professor Reinout Vriesendorp, Professor of Insolvency Law at the Company Law Department and Business Studies Department, partner De Brauw Blackstone Westbroek (Amsterdam)
Course Coordinator: Ilya Kokorin, Lecturer in Company and Insolvency Law at Leiden University.
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
METHOD OF INSTRUCTION
Interactive lectures and case studies.
Written exam and written assignment
Full degree in law granting access to the legal profession (or equivalent).